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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Rahman Khan S/o Shri Ali Mohammed Khan – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
1. By way of filing this instant criminal misc. petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the petitioner has challenged the order dated 10.01.2025 passed by the learned Sub-Divisional Magistrate, Bhadra, District Hanumangarh in Criminal Misc. Case No.07/2025, whereby the learned Magistrate has imposed a condition requiring the petitioner to furnish three bail bonds of Rs. 1,00,000/- each from three government employees and has further directed to bind the petitioner for a period of six months.
2. The brief facts giving rise to the present petition are that the wife of the petitioner lodged FIR No. 368/2024 at Police Station Bhadra, District Hanumangarh, alleging commission of offences under Sections 498-A, 406, 323, 494, 143 of the IPC and Sections 3 and 4 of the Muslim Women (Protection of Marriage Rights) Act. It is averred that the petitioner, who is a resident of District Churu, was residing abroad at the time of registration of the FIR. Upon his return to India on 12.08.2024, the petitioner was apprehended by the police and produced before the learned Additional Chief Judicial Magistrate, Bhadra, who enlarged him on bail vide order date
Preventive detention must be justified by reasonable apprehension of a cognizable offence; arbitrary detention violates constitutional rights.
Preventive detention under Sections 107 and 151 Cr.P.C. must be justified by clear evidence of imminent threat; arbitrary arrests violate constitutional rights.
Grant of compensation in proceedings under Article 32 or 226 of Constitution for established violation or fundamental rights guaranteed under Article 21, is an exercise of Courts under public law jur....
Executive Magistrate lacks jurisdiction to detain individuals for bond violations; such authority resides exclusively with Judicial Magistrates under the Code.
Executive Magistrate exceeded jurisdiction by ordering detention under Section 107 of CrPC, violating Article 21. Illegal detention entitled petitioner to compensation.
Executive Magistrate must pass written order under Section 130 BNSS setting forth substance of information before issuing show cause under Section 126; mechanical notices insufficient and confer no j....
The court emphasized the necessity for judicial application of mind in issuing notices under preventive sections to protect personal liberty and avoid abuse of process.
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