Court notes three-day delay in lodging FIR and timing of complaint after petitioner’s candidature for chairperson post; directs that he not be arrested till next hearing.
The Rajasthan High Court has granted interim protection from arrest to a municipal election candidate in a criminal case arising out of allegations under the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Justice Sunil Beniwal passed the order while hearing a petition filed by Sushil Midha @ Bittu Midha seeking quashing of FIR No. 258/2026 registered on September 19, 2026 at Sri Vijaynagar police station in Sri Ganganagar district.
The petitioner argued that the FIR was lodged with political intent, pointing out that he had been elected as a ward member on September 14 and later declared a candidate for the post of chairperson on September 18, just days before the scheduled election on September 21. Counsel for the petitioner contended that the complaint was filed only after his candidature was announced, and that the allegations were designed to prevent him from participating in the election.
The court noted that the alleged incident was said to have occurred on September 16, while the FIR was lodged on September 19, reflecting a delay of about three days. It also observed that all the offences mentioned in the FIR were bailable except those under the SC/ST Act.
The State opposed the petition, arguing that the complaint disclosed cognizable offences and that the matter should not be entertained without issuing notice to the complainant, in view of Section 15-A of the SC/ST Act. The State also relied on the Supreme Court’s ruling in M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, contending that interim relief should not be granted routinely in quashing matters.
However, the High Court held that the extraordinary circumstances of the case justified hearing the stay application at the threshold, even though the matter was not being finally decided. The court recorded that while notice to the victim/complainant is ordinarily required in cases involving the SC/ST Act, urgency and the impending election warranted immediate consideration.
Taking into account the delay in lodging the FIR, the timing of the complaint soon after the petitioner became a candidate, and the nature of the offences alleged, the court granted interim protection. It directed that the petitioner shall not be arrested in connection with the FIR until the next date of hearing.
The court also waived, for the time being, the requirement of filing a certified copy of the FIR, allowing the matter to be heard on the basis of the photocopy placed on record. It directed the petitioner to file the certified copy by the next date.
The matter has now been listed for October 7, 2026, and notice has been issued to the private respondent.
Bottom Line:
Quashing petition involving offences under BNS, 2023 and SC/ST Act - At interim stage, despite objection regarding hearing of complainant under Section 15-A of SC/ST Act and caution in Neeharika Infrastructure case, Court granted protection from arrest considering delay in lodging FIR, timing of FIR immediately after petitioner was declared candidate for election, and the fact that all other alleged offences were bailable except offences under SC/ST Act.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 223(a), 126(2), 352, 351(2), Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r), 3(1)(s), 15-A
Sushil Midha @ Bittu Midha v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2983486
