Rajasthan High Court – Jodhpur
Pradip Kumar vs State Of Rajasthan (2025:Rj-Jd:35790) on 11 August, 2025
[2025:RJ-JD:35790]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2625/2025
Pradip Kumar S/o Hariram, Aged About 27 Years, R/o Beraniyo
Ki Dhaniya, Tapoo, Osian, Dist. Jodhpur, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Shri Mohit Singh Rathore S/o Rajendra Singh Rathore,
Resident Of E-72, Rameshwar Nagar, Basani, Jodhpur
(Raj.). Currently Residing At Parsent, Legal Officer, Adani,
Capital Branch, Osian, District Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. Narendra Singh Chandawat, Public
Prosecutor
Mr. Himmat Jagga for complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
11/08/2025
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 Commissioner of
Police, Jodhpur 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 Commissioner of Police,
Jodhpur averring therein all the grounds which have been raised in
this petition within a period of 10 days from the date of receipt of
a copy of this order.
3. In the event, the representation is submitted, the
Commissioner of Police, Jodhpur is directed to minutely and
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[2025:RJ-JD:35790] (2 of 2) [CRLMP-2625/2025]
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 30 days from
the date of filing of representation, the interim order dated
27.03.2025 already granted by a Coordinate Bench of this Court
shall remain in currency.
4. The offences alleged against the petitioner are under
Sections 323, 376(2)(n), 384 of the IPC and Sections 5/6 of the
POCSO Act. Thus, the provisions contained under Section 35 of
BNSS (Sections 41 and 41A of Cr.P.C.) 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 are 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 and also to approach this Court
again, if occasion arise.
5. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
22-Ramesh/-
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