The court emphasized the protection of the petitioner's liberty, ruling that he should not be arrested during the investigation for offences triable by Magistrate, as per established legal principles.

Order :

1. The instant criminal misc. petition under Section 482 Cr.P.C./ 528 BNSS has been preferred by the petitioner for quashing of FIR No.7/2023 registered at Police Station Cyber Police Station, Deputy Commissionarate (Crime) Commissionerate Jodhpur for the offence under Sections 420, 406, 120-B of the IPC and Section 66-C and 66-D of the IT Act.

2. Learned counsel for the petitioner prays for quashing the aforementioned FIR and all further proceedings in pursuant thereof.

3. Per contra, learned Deputy Government Advocate opposes the submission of learned counsel for the petitioner for quashing of the FIR and all further proceedings in pursuant thereof.

4. The petitioner is not named in the FIR so also while keeping the investigation pending under sub clause 8 Section 173 of the Cr.P.C., his name was not mentioned there. Now, in relation to an offence under Information Technology, the Agency is trying to book him although he has not committed any offence.

5. After hearing learned counsel for the parties and going through the niceties of the matter, this Court feels that though no case for quashing of the FIR is made out but there are certain circumstances persuading to this Court to pass an appropriate order so that fundamental right of the petitioner regarding his liberty may be protected since the offences alleged against the petitioner are triable by the Court of Magistrate and do not contain the maximum punishment of more than 7 years, therefore, the provisions contained under Sections 41 and 41A of the CrPC/ Section 35 of BNSS are applicable mutatis mutandis and the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SC 2756 applies squarely in the present case.

6. In this view of the matter, the instant criminal misc. petition is disposed of with the following directions :-

(i) The petitioner shall not be arrested during the entire course of investigation.

(ii) In the event offence is found to be proved and charge-sheet is to be submitted then instead of affecting arrest, the petitioner shall be directed to remain present before the trial court, where the charge-sheet would be submitted.

(iii) On the day of filing of the charge-sheet and upon the appearance of the petitioner, he shall move a regular bail application and whereupon the learned trial Court shall release him on bail on the very same day; on the amount of surety and bond as it deems fit. 7. Stay petition also stands disposed of.

8. Nothing precluded the petitioner to raise his grounds before the learned trial Court at appropriate stage.