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Rajasthan High Court – Jodhpur
Bherulal vs State Of Rajasthan (2025:Rj-Jd:37260) on 20 August, 2025
[2025:RJ-JD:37260]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5196/2025
Bherulal S/o Shri Kanna Dangi, Aged About 64 Years, R/o
Badgaon, Udaipur, District Udaipur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Logri Bai W/o Shri Ramlal Dangi, R/o Guldi, Dabok,
Udaipur
----Respondents
For Petitioner(s) : Mr. Jayant Joshi
For Respondent(s) : Mr. H.S. Jodha, PP
Mr. Ojas Shekdwipeeya
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
20/08/2025
1. After arguing for some time, 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 is disposed of
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
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[2025:RJ-JD:37260] (2 of 2) [CRLMP-5196/2025]
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. The parties will be at liberty to
approach this Court again, if grievance arises.
4. Till 30 days from the date of filing of representation, the
petitioners shall not be arrested in connection with FIR
No.139/2025, registered at the Police Station Badgaon, District
Udaipur.
5. The offences alleged against the petitioners are under Section
420, 406 and 120-B of the IPC. Thus, the provisions contained
under Section 35 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 also be at liberty to
raise all permissible objections and issues before the trial court at
the appropriate stage of proceedings
6. Stay petition also stands disposed of.
(MUKESH RAJPUROHIT),J
62-Hanuman/-
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