Order
03/07/2025
1. The instant criminal petition has been filed under Section
528 BNSS by the petitioner seeking quashing of the FIR
No.99/2025 lodged at Police Station Sojat Road, District Pali, for
the offences under Sections 420, 406, 467, 468, 470 and 471 IPC.
2. Heard learned counsel for the parties and perused the
material as made available to this Court as well as gone through
the niceties of the matter.
3. This Court upon a perusal of the case file prima facie finds
that the offences alleged to have been committed by the petitioner
are either triable by a court of Magistrate and/or do not contain
the maximum punishment of more than seven years, and keeping
in mind the provisions contained in Section 41, 41-A Cr.P.C. as
well as the judgment passed by Hon’ble the Supreme Court in the
case of Arnesh Kumar vs. State of Bihar, reported in AIR
[2025:RJ-JD:28725] (2 of 2) [CRLMP-4834/2025]
2014 SC 2756, the dictum of which squarely apply mutatis
mutandis to the present case, it is directed that in case, the arrest
of the petitioner is found to be absolutely necessary by the
Investigating Agencies, instead of affecting the arrest of the
petitioner at once, a prior notice of one month shall be given to
them so that he may exercise his rights. Needless, to say that the
petitioner are not precluded from ventilating their grievances
before this Court or trial Court if occasion so arises at an
appropriate stage.