The Rajasthan High Court dismissed a criminal revision petition under Section 397/401 CrPC filed without the petitioner's surrender to the lower court, holding it inadmissible at the stage while allowing future remedy post-surrender.
The revision petition is dismissed with liberty to file an appropriate remedy after surrendering to the lower court.
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[2024:RJ-JP:20792]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Revision Petition No.266/2009
Girraj Soni son of Shri Prabhu Dayal Soni, resident of C/15, J.P. Colony, Tonk Phatak, Jaipur
----Accused-Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sanjay Mehla, Advocate & Mrs. Sunita Mehla, Advocate For Respondent(s) : Mr. Suresh Kumar, Public Prosecutor Mr. Manish Kumawat, Advocate
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order
02/05/2024 :
Instant revision petition has been filed on behalf of accused/ petitioner under Section 397 r/w Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by judgment dt.14.11.2008 passed by Court of Special Judge, Women Atrocities & Dowry Cases, Jaipur City, Jaipur, in Criminal Appeal No.21/2008 whereby the appeal filed by the petitioner has been dismissed & the judgment dt.17.06.2008 passed by Court of Additional Civil Judge (Sr.Div.) & Additional Chief Judicial Magistrate, No.7, Jaipur City, Jaipur, in Criminal Case No.168/2005 whereby the petitioner has been convicted for offences u/s.138 of the N.I. Act & sentenced to undergo one year simple imprisonment alongwith compensation of Rs.3,00,000/- to be paid to complainant & in default thereof, to further undergo two months additional imprisonment, has been confirmed.
In the present case, the petitioner had not surrendered himself before ld. Appellate Court at the time of pronouncement of
[2024:RJ-JP:20792]
[CRLR-266/2009]
(2 of 2)
judgment i.e. on 14.11.2008. Thereafter, while dismissing the appeal, ld. Appellate Court had issued confirmation warrant against the accused for undergoing the sentence. Inspite of, the petitioner has not surrendered himself before the Court concerned.
Vide its order dt.21.04.2009 the Co-ordinate Bench of this Court had ordered that the petitioner should first surrender before the Court concerned, thereafter, the revision petition may be proceeded with.
Vide order dt.22.05.2009, it was also ordered that the revision petition shall be listed before the Court only when the Counsel for the petitioner furnishes a Certificate to the effect that the petitioner has surrendered before the Court concerned.
Undisputedly, the petitioner has filed this revision petition before this Court without surrendering himself before the Court concerned, and till today the petitioner has not surrendered himself before the Court concerned.
Looking to the facts & circumstances of the present case and considering the submissions made at bar, this Court is of the view that the present revision deserves to be dismissed at this stage.
The revision petition is, accordingly, dismissed at this stage. However, it is made clear that the petitioner may avail an appropriate legal remedy available to him before this Court after surrendering himself before the Court concerned.
Pending application, if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J.
ASHOK/
2 issues framed by the court
Whether a criminal revision petition under Section 397/401 CrPC can be admitted without the petitioner surrendering to the lower court.
Whether the revision petition should be dismissed for non-surrender pending admission.
2 provisions across 1 enactments
Girraj Soni
State of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
