Disposed

Sripal Doshi S/O Magan Lal v. Suresh Sharma S/O Shri Ramchandra Sharma

Rajasthan HC23 Oct 2024CRLR/202/2024

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What is this about?

Revision petition filed against dismissal of criminal appeal was disposed of as non-maintainable due to non-surrender. Court directed trial court to ensure execution of sentence after petition withdrawal.

What did the court decide?

Revision petition dismissed as non-maintainable; dismissed by withdrawal with liberty to revive on surrender or compromise. Trial court directed to ensure execution of sentence.

Sripal Doshi S/O Magan Lal Vs Suresh Sharma… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 202/2024

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Sripal Doshi S/o Magan Lal, R/o House No. 30, Krashana Vihar Colony, Opp. Sanganer Airport Budhsinghpura, Sanganer Jaipur

¶4

----Petitioner

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Versus

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Suresh Sharma S/o Shri Ramchandra Sharma, R/o Village Prahladpura, Post Beelwa Tehsil Sanganer Jaipur

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State Of Rajasthan, Through P.p.

¶8

----Respondents

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For Petitioner(s)	: Mr.	Vinod Kumar Shama
For Respondent(s)	: Mr.	VijaySingh Yadav,PP

¶10

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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05/09/2024

¶13

Aggrieved from dismissal of appeal No. 56/2022 on 04.1.2024 by learned Additional Sessions Judge No.5, Jaipur Metro-II revision petition is preferred by petitioner Shripal Doshi who was convicted and sentenced on 26.08.2022 in criminal case No. 2035/2018 by learned Special Metropolitan Magistrate No.9, Jaipur Metro-II under Section 138 of NI Act.

¶14

When this matter was taken up on 14.02.2024, 19.03.2024, the petitioner was directed to surrender before learned trial court on 03.05.2024 but on 03.05.2024, SOS application was withdrawn.

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After dismissal of criminal appeal affirming the order of conviction and sentence the revision petition can only be maintainable if petitioner is taken in custody or he surrenders before the trial court.

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[CRLR-202/2024]

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(2 of 2)

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In view of judgment in case of Daulat Singh Vs. State of MP [SLP (Criminal Diary No).20900/2014)] even this court cannot exempt from surrender therefore revision petition is dismissed as non-maintainable.

¶19

Learned counsel for petitioner offers to withdraw instant revision petition with liberty to revive the instant petition in case either petitioner surrenders before the trial court or parties enters into compromise.

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Learned trial court is directed to ensure that petitioner accused is called to execute the sentence awarded by the trial court and affirmed by appellate court.

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Present revision petition is disposed of.

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Office is directed to send a copy of this order to learned trial court.

¶23

(ASHOK KUMAR JAIN),J

¶24

PREETI VALECHA /68

Sripal Doshi S/O Magan Lal v. Suresh Sharma S/O Shri Ramchandra Sharma

Case brief

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Sripal Doshi S/O Magan Lal v. Suresh Sharma S/O Shri Ramchandra Sharma

Case brief

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What did the court decide?

What the court decided

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