[2025:RJ-JP:34690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5170/2025 Mukesh Kumar S/o Chhagan Lal, Aged About 30 Years, R/o Nagardas, P.s. Ramgarh Sethan, District Sikar. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Devanshu Sharma Ms. Vishalakshi Pareek For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/08/2025 1. Accused-petitioner has filed the instant criminal misc. petition under Section 528 of BNSS, impugning the issuance of permanent arrest warrant against him vide order dated 21.08.2023, by the Court of Additional Chief Judicial Magistrate, Fatehpur Shekhawati, District Sikar, as also to quash the entire criminal proceedings of Criminal Case No. 838/2023: State Vs. Mukesh for the offences under Sections 376, 376(2)(n), 384 and 406 of IPC. 2. It is a case where an FIR No. 126/2023 for offences under Sections 376, 376(2)(n), 384 and 406 of IPC was lodged against the petitioner on 17.07.2023, wherein after investigation, charge- sheet has been filed against petitioner for such offences under Section 299 Cr.P.C. Since the charge-sheet was filed in absence of accused-petitioner, police submitted an application to declare him [2025:RJ-JP:34690] (2 of 3) [CRLMP-5170/2025] absconder whereupon the Court has issued permanent arrest warrant vide order dated 21.08.2023. 3. Counsel for the petitioner submits that complainant happens to be ‘Bhabhi’ of petitioner and due to some dispute in respect of money transactions, she levelled false allegation of rape. Learned counsel submits that petitioner was not aware about filing of present FIR, since on the day of registration of FIR i.e. on 17.07.2023, petitioner had left for Saudi Arab and has returned to India on 20.08.2025. In support of such contention, photo copy of passport of petitioner has been enclosed as Annexure-8. 4. The contention of counsel for the petitioner is that in such back drop of factual matrix, the petitioner may not be declared as absconder and issuance of permanent arrest warrant is an arbitrary exercise of powers and the order impugned suffers from illegality, perversity as much as jurisdictional error. 5. As far as prayer for quashing the criminal proceedings of Criminal Case No. 838/2023 is concerned, counsel for the petitioner has drew attention of this Court to the statements of victim recorded before the Court, wherein she admits that her child of 12 years was laying beside her, at the time of committing sexual assault by the petitioner with her. On the basis of such statements, the contention of the counsel for the petitioner is that in such scenario, the allegation of sexual assault against wish of prosecutrix, prima facie appears to be false and does not inspire confidence, hence, the criminal proceedings for the alleged offences should be nipped in the bud and be quashed. 6. Learned Public Prosecutor has opposed the petition. [2025:RJ-JP:34690] (3 of 3) [CRLMP-5170/2025] 7. During course of arguments, counsel for petitioner, considering the nature of offences and the fact that charge-sheet has already been filed in absence of petitioner and the statements of prosecutrix recorded in absence of petitioner, may not be appreciated by the High Court in exercise of jurisdiction under Section 528 of BNSS, seeks limited prayer to surrender the petitioner before the Court, which issued the order of permanent arrest warrant dated 21.08.2023 and to submit a regular bail application, which may be decided on the same day. 8. In view of above and taking into consideration the entirety of facts and circumstances, without quashing the criminal proceedings and quashing the order impugned, this Court deems just and proper to grant 30 days time to petitioner, to surrender himself before the Court of Additional Chief Judicial Magistrate, Fatehpur Shekhawati, District Sikar, and to submit a regular bail application. Till date of surrender, permanent arrest warrant issued against the petitioner, shall not be executed. 9. It is hereby observed that, in case, petitioner after his surrender moves a regular bail application, same shall be considered by the Court expeditiously and shall be decided after taking into consideration the ancillary facts, as pointed out by counsel for petitioner hereinabove, in accordance with law. 10. With the aforesaid observations, the instant criminal misc. petition stands disposed of. 11. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J pcg/19