Rajasthan High Court – Jodhpur
Chandra Choudhary vs State Of Rajasthan (2025:Rj-Jd:34979) on 7 August, 2025
[2025:RJ-JD:34979]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1639/2025
1. Chandra Choudhary W/o Shri Harish Choudhary, Aged
About 34 Years, R/o Village Lapla, Bayatu, District Balotra
(Barmer)
2. Devaram S/o Shri Heera Ram, Aged About 37 Years, R/o
Village Lapla, Bayatu, District Balotra (Barmer)
3. Hanuman Ram S/o Shri Heera Ram, Aged About 29 Years,
R/o Village Lapla, Bayatu, District Balotra (Barmer)
4. Goma Ram S/o Shri Dipa Ram, Aged About 65 Years, R/o
Village Lapla, Bayatu, District Balotra (Barmer)
5. Sawai Ram S/o Shri Punma Ram, Aged About 35 Years,
R/o Village Lapla, Bayatu, District Balotra (Barmer)
6. Smt. Keshi W/o Shri Heera Ram, Aged About 62 Years, R/
o Village Lapla, Bayatu, District Balotra (Barmer)
7. Smt. Andu W/o Shri Deva Ram, Aged About 32 Years, R/o
Village Lapla, Bayatu, District Balotra (Barmer)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Jaluram S/o Shri Koshala Ram, R/o Mehrajaniyon Ki
Dhani, Batadu, Nagana, Barmer.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3952/2023
Harish Choudhary S/o Jalu Ram, Aged About 36 Years, R/o
Meharajaniyo Ki Beri, Batadu, Tehsil Baytu, District Barmer
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Anu Devi W/o Devaram, R/o Village Lapla, Baytu, District
Barmer (Raj.)
----Respondents
For Petitioner(s) : Mr. Rakesh Arora a/w Mr. Hardik
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Gautam.
Mr. Pradeep Choudhary.
For Respondent(s) : Mr. Narendra Singh, PP.
Mr. Vinod Kumar Sharma for
complainant.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
07/08/2025
In S.B. Criminal Misc(Pet.) No. 1639/2025 :-
1. After arguing for some time, learned counsel for the
petitioners do 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. Learned Public Prosecutor submits that although a final
negative report had earlier been filed, re-investigation is currently
underway pursuant to an application.
3. 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.
4. 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
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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.
5. Till 30 days from the date of filing of representation, the
petitioners shall not be arrested in connection with FIR
No.157/2023, registered at the Police Station Bayatu, District
Balotra (Barmer).
6. Stay petition also stands disposed of.
In S.B. Criminal Misc(Pet.) No. 3952/2023 :-
1. After arguing for some time, 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 is disposed of
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.
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
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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
petitioner shall not be arrested in connection with FIR
No.157/2023, registered at the Police Station Bayatu, District
Balotra (Barmer).
5. The offences alleged against the petitioner are under
Sections 143, 147, 148, 323, 341, 342, 382 and 326 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
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 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
5-6-Jitender
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