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Rajasthan High Court – Jodhpur
Pankaj Jangid vs State Of Rajasthan (2025:Rj-Jd:37611) on 21 August, 2025
[2025:RJ-JD:37611]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6809/2025
Pankaj Jangid S/o Shrawan Ram, Aged About 24 Years, R/o
Khatiyo Ka Bass Ramsari Ren District Nagaur
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Moti Lal, Si R/o Malliyo Ki Badi Kishangarh Ajmer At
Present Degana P.s Degana District Nagaur Rajasthan
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 4298/2025
1. Kailash S/o Sugna Ram Jangid, Aged About 42 Years, R/o
Ramsari Ps Degana Dist. Nagaur.
2. Dharmendra S/o Mool Chand, Aged About 40 Years, R/o
Degana Ps Degana Dist. Nagaur.
3. Praveen Jangid S/o Hukma Ram, Aged About 33 Years, R/
o Ravliyawas, Teh. Degana Ps Degana Dist. Nagaur.
4. Sachin S/o Pukhram, Aged About 28 Years, R/o
Ravliyawas, Teh. Degana Ps Degana Dist. Nagaur.
5. Hema Ram Jangid S/o Bhanwar Lal, Aged About 55 Years,
R/o Ravliyawas, Teh. Degana Ps Degana Dist. Nagaur.
6. Manoj S/o Mugna Ram, Aged About 19 Years, R/o
Ravliyawas, Teh. Degana Ps Degana Dist. Nagaur.
7. Anil S/o Kalu Ram, Aged About 21 Years, R/o Ravliyawas,
Teh. Degana Ps Degana Dist. Nagaur.
8. Pankaj S/o Shrawan, Aged About 21 Years, R/o
Ravliyawas, Teh. Degana Ps Degana Dist. Nagaur.
9. Divakar S/o Pukhram, Aged About 32 Years, R/o
Ravliyawas, Teh. Degana Ps Degana Dist. Nagaur.
10. Pappu Ram S/o Bheru Ram, Aged About 45 Years, R/o
Ramseri Teh. Degana.
11. Vikram S/o Missa Ram, Aged About 35 Years, R/o
Ramseri Teh. Degana.
----Petitioners
Versus
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[2025:RJ-JD:37611] (2 of 5) [CRLMP-6809/2025]
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Saurabh Poonia
Mr. Ravindra Acharya
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
21/08/2025
S.B. Criminal Misc(Pet.) No. 6809/2025:-
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
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
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[2025:RJ-JD:37611] (3 of 5) [CRLMP-6809/2025]
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.117/2024, registered at the Police Station Degana, District
Nagaur.
5. The offences alleged against the petitioners are under Section
143, 332, 353, 336 of the IPC and Section 3 of Prevention of
Damage to Public Property Act. 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.
S.B. Criminal Misc(Pet.) No. 6809/2025:-
1. Learned counsel for the petitioner does not want to press the
instant criminal misc. petition at this stage qua the petitioner No.8
Pankaj.
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[2025:RJ-JD:37611] (4 of 5) [CRLMP-6809/2025]
Accordingly, the instant criminal misc. petition is dismissed as
not pressed qua the petitioner No.8.
2. 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 remaining 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 remaining 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. 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.117/2024, registered at the Police Station Degana, District
Nagaur.
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[2025:RJ-JD:37611] (5 of 5) [CRLMP-6809/2025]
5. The offences alleged against the petitioners are under Section
143, 332, 353, 336 of the IPC and Section 3 of Prevention of
Damage to Public Property Act. 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
81-82-Hanuman/-
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