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Rajasthan High Court – Jodhpur
Akash Panchal vs State Of Rajasthan (2025:Rj-Jd:34914) on 6 August, 2025
[2025:RJ-JD:34914]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6297/2025
Akash Panchal S/o Babulal Chouch, Aged About 27 Years, R/o
Pnadit Ka Bass Bakhtal Ki Chowki District Alwar (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Bhawar Kha S/o Aamin Kha, Aged About 35 Years, R/o
Deeplana, Teshil Nohar, Gogameri, District
Hanumangragh.
----Respondents
For Petitioner(s) : Mr. Navin Trivedi
Mr. Natwar Lal Meghwal
For Respondent(s) : Mr. Shreeram Choudhary, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
06/08/2025
1. Learned counsel for the petitioner does not want to press the
instant criminal misc. petition. However, he seeks liberty for the
petitioner 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 petitioner
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.
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[2025:RJ-JD:34914] (2 of 2) [CRLMP-6297/2025]
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 petitioner shall not be arrested in
connection with FIR No.114/2025 registered at the Police Station
Gogameri, District Hanumangarh.
4. The offences alleged against the petitioner are under Sections
318(4), 316(2) and 61(2) of 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 petitioner is absolutely necessary, then instead of
affecting arrest at once, a prior notice of 15 days shall be given to
the petitioner. Further the petitioner 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
125-mSingh/-
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