[2026:RJ-JP:6363] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7152/2025 1. Jaya Daughter Of Pradeep, Aged About 46 Years, Resident Of A-48, Sethi Colony, Adarsh Nagar, Jaipur (Raj). 2. Pradeep Son Of Shri Dool Singh, aged about 73 years, Resident Of A-48, Sethi Colony, Jaipur (Raj). ----Petitioners Versus 1. The State Of Rajasthan, Through The Public Prosecutor. 2. Sunil Kumar Son Of Banwarilal, Resident Of S-1, Bhukharo Ka Bass, Sadar Sikar (Raj). ----Respondents For Petitioner(s) : Mr. Dinesh Yadav For Respondent(s) : Mr. Rhishiraj Singh Rathore, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 11/02/2026 The instant criminal misc. petition has been filed under Section 528 BNSS, 2023 by the petitioners seeking quashing of the FIR No.0042/2022, registered at Police Station Laxmangarh Sikar for the offences under Sections 420 & 406 IPC. Heard learned counsel for the parties at Bar. Perused the material as made available to this Court. This Court upon perusal of the case file, prima facie, finds that the impugned FIR discloses commission of cognizable offence, thus no case for quashing of the impugned FIR is made out. This Court further prima facie finds that the offences alleged to have been committed by the petitioners are either triable by Magistrate [2026:RJ-JP:6363] (2 of 2) [CRLMP-7152/2025] or do not contain the maximum imprisonment of more than seven years, and keeping in mind the provisions contained in Section 35 BNSS (Section 41, 41-A Cr.P.C.) as well as the judgment passed by the Hon’ble the Supreme Court in the case of Arnesh Kumar vs. State of Bihar, reported in AIR 2014 SC 2756, the dictum of which squarely apply mutatis mutandis to the present case, it is directed that in case, the arrest of the petitioners are found to be absolutely necessary by the Investigating Agencies, instead of affecting the arrest of the petitioners at once, a prior notice of 15 days shall be given to them so that they may exercise their legitimate rights. Needless, to say that the petitioners are not precluded from raising their grievance before this Court or learned trial Court, if occasion so arises, at an appropriate stage. With the aforesaid direction, the misc. petition filed under Section 528 BNSS (482 Cr.P.C.) as well as stay application are disposed of. (BHUWAN GOYAL),J Anu /17