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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous (Petition) No. 9143/2026 CNR: RJHC010974922026 | URN: CRLMP / 15440U / 2026 Maksud Ahmed S/o Allabaksh, Aged About 55 Years, R/o Vyapariyan Kasaiyon Ki Bari Kotegate District Bikaner Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. The Superintendent Of Police, Bikaner

3. The Station House Officer, Of Police Station Kotgate District Bikaner

4. Dr Bindu Bala Mittal W/o Dr Sanjay Garg, R/o C 88 A Sardul Ganj Police Station Sadar Bikaner ----Respondents For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv. asst. by Mr. Kaushal Gautam Mr. Bhavya Gautam For Respondent(s) : Mr. Deepak Choudhary, AAG HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

20/09/2026

1. The present petition has been filed under section 528 of Bharatiya Nagarik Suraksha Sanhita,2023, for quashing of FIR No. 151/2026 dated 02.06.2026 registered at Police Station Kotget, District Bikaner, for offences punishable under Sections 132, 127(2), 74, 79, 351(2) and 189(2) of the BNS, 2023.

2. At the outset, it is noted that today is Sunday and a holiday, however, on permission been granted by Hon’ble the Chief Justice, the matter is being heard today.

3. Learned Senior Counsel Dr. Sachin Acharya submits that a perusal of the FIR would indicate that all the offences alleged therein are punishable with imprisonment of less than seven years. He also submits that as per the petitioner’s information, the earlier investigation had been concluded and a final report was proposed to be filed.

3.1. He further submits that the petitioner had contested the election for the post of Ward Member in the recent elections of the Municipality and was declared elected on 14.09.2026 as Ward Member of Ward No. 18 of Municipal Corporation, Bikaner. He submits that on the very next date, the impugned notice dated 15.09.2026 was issued, purportedly under Section 179 of the BNSS, whereby the petitioner was asked to appear before the Investigating Officer on 20.09.2026.

3.2. He further submits that the notice has been issued with a malafide intention and with a view to somehow prevent the petitioner from exercising his right to vote in the forthcoming election for the post of Mayor and Deputy Mayor of the Municipal Corporation, Bikaner, which is scheduled to be held on 21.09.2026 and 22.09.2026.

3.3. He submits that the notice has been issued under Section 179 of the BNSS, which is a provision providing for the calling of witnesses and not the accused. That apart, it is submitted that even the date of the FIR has been wrongly mentioned in the said notice. He further submits that the petitioner is ready to join the investigation, however, the petitioner has been deliberately called before the Investigating Officer on 20.09.2026 and considering the sudden action initiated by the respondents, the petitioner has a strong apprehension that he may be arrested and, consequently, may not be able to participate in the scheduled election on

21.09.2026 and 22.09.2026.

3.4. Learned counsel further submits that in response to the notice, the petitioner has already filed a reply highlighting the difficulties in appearing on the date mentioned in the notice.

3.5. Based on the aforesaid submissions, it is contended that appropriate protection may be granted to the petitioner so that he may exercise his right to cast his vote in the election scheduled to be held on 21.09.2026 and 22.09.2026.

4. Per contra, learned GA-cum-AAG vehemently opposes the submissions made by the learned counsel for the petitioner and submits that FIR was lodged on 02.06.2026 and the petitioner had previous knowledge of lodging of the FIR and he ought to have approached this Court in time. He further submits that the notice in question has been issued on 15.09.2026 as a routine procedure. The allegation of political motive behind issuing of such notice is totally incorrect.

4.1 He also submits that as a routine measure, interim relief of