HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 2023/2024 Shiv Kumar Rungta S/o Shree Prahlad Rai, Aged About 64 Years, R/o 76/137 Sector 7, Pratap Nagar Sanganer, Jaipur Presently Residing At ( Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Deepak Balani S/o Shree Madhavdas, Aged Major, R/o Jesmine Apartment, Flat No. 209, Manglam Ananda Rampura Road, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Parmendra Dadhich For Respondent(s) : Mr. Jitnedra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 09/01/2025 1. Defect(s) pointed out by the Office stands waived. 2. By way of filing of this petition, a challenge has been led to the notice dated 18.10.2024 issued by the SHO, Police Station Pratap Nagar, Jaipur East to the petitioner pertaining to complaint No.1756/2024. 3. Counsel for the petitioner submits that without supplying copy of the said complaint, a notice has been issued to the petitioner to harass him and arrest him. Counsel submits that though the fact has been mentioned in the said notice that the petitioner has not made payment of certain articles received, but the allegation levelled against (2 of 3) [CRLW-2023/2024] the petitioner is false and fabricated, hence, under these circumstances, interference of this Court is warranted. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Heard learned counsel for the petitioner as well as the Public Prosecutor and perused the contents of notice. 5. After going through the contents of notice, it appears that a complaint bearing No.1756/2024 has been filed against the petitioner with Police Station, Pratap Nagar, Jaipur East, wherein for the purpose of inquiry, a notice has been issued to the petitioner. This Court is not supposed to make an inquiry about the correctness of the allegations levelled against the petitioner in the aforesaid complaint. The matter is required to be inquired by the concerned Investigating Officer. Certainly, it would surely be a task to be undertaken by the concerned Investigating Officer, therefore, this Court does not deem it just and proper to interfere with the course of inquiry pending against the petitioner. 6. The petitioner may submit an application before the concerned Investigating Officer for getting copy of the complaint No.1756/2024 and after receipt of the same, he may submit a representation in support of his contentions. 7. The Investigating Officer/ Inquiry Officer is directed to consider the averments of the said representation and in case, he comes to the conclusion that a cognizable offence is made out against the petitioner, then he shall ensure the (3 of 3) [CRLW-2023/2024] compliance of the provisions contained under Section 35 of the BNSS. 8. In case, the Investigating Officer comes to the conclusion that the arrest of the petitioner is required, then at least 15 days advance notice be given to the petitioner before proceeding against him. 9. With the aforesaid observations, the instant criminal writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/452