Rajasthan High Court – Jodhpur
Kanhaiya Lal Tewani vs State Of Rajasthan (2025:Rj-Jd:37012) on 19 August, 2025
[2025:RJ-JD:37012]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6458/2025
1. Kanhaiya Lal Tewani S/o Dulumal, Aged About 69 Years,
R/o Plot No 148, Sector B, Shankar Nagar, Jhanwar Road,
Jodhpur Rajasthan
2. Bhagwan Moolchandani S/o Tirth Das Moolchandani, Aged
About 82 Years, R/o 2 Ch 4, Pratap Nagar, Jodhpur,
Rajasthan
3. Bhagawan Mulani S/o Tirath Das, Aged About 77 Years,
R/o 2 Ch 4, Pratap Nagar, Jodhpur City West, Rajasthan
4. Kishan Lalwani S/o Naumal Lalwani, Aged About 69 Years,
R/o House No.352, Sector 16, Chopasani Housing Board,
Jodhpur, Rajasthan
5. Deepak Motawani S/o Lekhraj, Aged About 64 Years, R/o
B-66, Shree Ram Nagar Jhanwar Road Jodhpur Rajasthan
6. Rajkumar Bhagwani S/o Bhagwan Das Bhagwani, Aged
About 56 Years, R/o 21E /148, Chopasani Housing Board,
Jodhpur Rajasthan
7. Balram Karamchandani S/o Dayaram, Aged About 62
Years, 200, Jwala Vihar, B/h Somani College, Chopasani
Road, Jodhpur, Rajasthan
8. Prem Kumar Narwani S/o Sunder Das, Aged About 51
Years, R/o Shankar Nagar, Opposite P F Office, Plot No 59
B, Jodhpur Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Mahesh Khetani S/o Mangha Ram, R/o Sindhu Namdev
Mahal, 9 Sector C.h.b., Devnagar, Jodhpur City West
Rajasthan
----Respondents
For Petitioner(s) : Mr. Himanshu Choudhary
For Respondent(s) : Mr. Shreeram Choudhary, PP
Mr. Vinod Kumar Sharma
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[2025:RJ-JD:37012] (2 of 3) [CRLMP-6458/2025]
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
19/08/2025
1. Learned counsel for the petitioners does not want to press
the instant criminal misc. petition. However, he seeks liberty for
the petitioners to submit a representation to the concerned
Superintendent of Police with appropriate directions to decide the
same and issue necessary instructions to the concerned
Investigating Officer.
2. Accordingly, the instant criminal misc. petition as well as stay
petition are dismissed as not pressed with liberty to the petitioners
to submit a detailed representation to the concerned
Superintendent of Police averring therein all the grounds which
have been raised in this petition within a period of 07 days from
the date of receipt of a copy of this order.
3. In the event, the representation is submitted, the concerned
Superintendent of Police is directed to minutely and objectively
consider the contents of the same and thereafter, issue necessary
instructions to the Investigating Officer. All the relevant
documents with the representation shall also be taken into
consideration. The representation shall be decided within a period
of 30 days from the date of receipt of the same. Till the
representation is decided, the petitioners shall not be arrested in
connection with FIR No.99/2023 registered at the Police Station
Devnagar, District Jodhpur City (West).
4. The offences alleged against the petitioners are under Sections
192, 197, 200, 207, 209, 378, 406, 415, 420, 424, 463, 465, 467
and 468 of IPC. Thus, the provisions contained under Section 35
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[2025:RJ-JD:37012] (3 of 3) [CRLMP-6458/2025]
of BNSS (Sections 41 and 41A of the CrPC) are applicable mutatis
mutandis and the judgment rendered by Hon’ble Supreme Court
in the case of Arnesh Kumar v. State of Bihar [AIR 2014 SC
2756] applies squarely in the present case, therefore, it is
deemed appropriate to direct the investigating officer that in the
event, the offences are found to be proved and the arrest of the
petitioners is absolutely necessary, then instead of affecting arrest
at once, a prior notice of 15 days shall be given to the petitioners.
Further the petitioners shall be at liberty to raise all permissible
objections and issues before the trial court at the appropriate
stage of proceedings
5. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
77-mSingh/-
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