Rajasthan High Court – Jodhpur
Smt Vidya Devi vs State Of Rajasthan (2025:Rj-Jd:36720) on 18 August, 2025
[2025:RJ-JD:36720]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4994/2025
1. Smt Vidya Devi W/o Paras Ram, Aged About 46 Years,
Resident Of Bhawi Tehsil Bilara District Jodhpur
2. Smt. Rukma W/o Chetan Prakash, Aged About 37 Years,
R/o Beriwala Bass, Tehsil Bilara, Jodhpur
3. Smt Santosh W/o Ramlal, Aged About 51 Years, Resident
Of Gram Latoti Tehsil Jaitaran District Pali
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Ramesh S/o Ganesh Ram, Resident Of Barfi Ke Babavdi ,
Harsh Road, Bilara
----Respondents
For Petitioner(s) : Ms. Yogita Mohnani.
For Respondent(s) : Mr. Prem Singh Panwar, PP.
Mr. Girwar Singh and Mr. Rakesh Patel
for complainant.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
18/08/2025
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. 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.
(Downloaded on 18/08/2025 at 09:51:51 PM)
[2025:RJ-JD:36720] (2 of 2) [CRLMP-4994/2025]
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.
4. Till 30 days from the date of filing of the representation, the
interim order dated 15.07.2025, already granted by a Coordinate
Bench of this Court, shall remain in currency.
5. The offences alleged against the petitioners are under
Sections 420, 467, 468, 471 and 120B 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 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. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
68-/Jitender//-
(Downloaded on 18/08/2025 at 09:51:51 PM)
Powered by TCPDF (www.tcpdf.org)