SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Chh) 258

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND SINGH CHANDEL, J.
IND SYNERGY LIMITED, THOUGH ITS AUTHORISED SIGNATORY SATYADEEP SAHUKAR - Appellant
Versus
SURESH CHAND GOYAL - Respondent
Criminal Revision No. 374 of 2018
Decided on : 01-03-2019

Advocates:
Advocate Appeared:
Ashish Surana, Adv., Kapil Maini, Adv., Rohit Priyaranjan, Adv.

Headnote:

Code of Criminal Procedure,1973 - Section 205 read with Section 317 - Indian Penal Code,1860 - Sections 200, 500, 501 read with Section 34 - Permanent exemption - Contrary to law - Exempted and he be permitted - Trial Court registered complaint filed by Applicant and issued process against Respondent - Being aggrieved by order Respondent filed Criminal Revision and under Section 397 of Code of Criminal Procedure before Sessions Judge which were dismissed by Sessions Judge vide order - Against order Respondent filed a petition under Section 482 of Code of Criminal Procedure before this Court which was registered as - In meanwhile before Trial Court Respondent filed an application under Section 205 read with Section 317 of Code of Criminal Procedure for his permanent exemption Vide order dated 22.9.2016 passed in this Court directed Trial Court to decide application under Section 205 read with Section 317 of Code of Criminal Procedure in accordance with law - Held, It is clear that present is a case where the complaint has been registered against present Respondent, who is a 72 years old person and is a resident of New Delhi. No doubt that in earlier round of hearing his application under Section 205 read with Section 317 of the Code of Criminal Procedure had been rejected - By that time Respondent had not appeared before Trial Court nor was he granted bail and a warrant had been issued against him - In these Trial Court rejected application under Section 205 read with Section 317 of Code of Criminal Procedure which was also affirmed by the Sessions Court as well as by this Court - But in second round of hearing when the Respondent again moved application under Section 205 read with Section 317 of Code of Criminal Procedure by that time he had appeared before Trial Court and he had also been granted regular bail under Section 436 of Code of Criminal Procedure by Trial Court and assurance has also been given by Respondent that during the course - Revision is dismissed

JUDGMENT :

ARVIND SINGH CHANDEL, J.

1. The instant revision has been preferred against the order dated 12.3.2018 passed by the 8th Additional Sessions Judge, Bilaspur in Criminal Revision No.22 of 2018, whereby the order dated 23.12.2017 passed by the Chief Judicial Magistrate, Bilaspur in Complaint Case No.32 of 2015 has been set aside and the application of the present Respondent preferred under Section 205 read with Section 317 of the Code of Criminal Procedure has been allowed.

2. Facts of the case, in brief, are that a criminal complaint case under Section 200 of the Code of Criminal Procedure was filed by the present Applicant against the Respondent/accused before the Court of Chief Judicial Magistrate on 30.7.2015 for an offence punishable under Sections 500, 501 read with Section 34 of the Indian Penal Code. After recording statements of witnesses, vide order dated 16.12.2015, the Trial Court registered the complaint filed by the Applicant and issued process against the Respondent. Being aggrieved by the order dated 16.12.2015, the Respondent filed Criminal Revision No.47 of 2016 and Criminal Revision No.97 of 2016 under Section 397 of the Code of Criminal Procedure before the Sessions Judge, Bilaspur, which were dismissed by the Sessions Judge vide order dated 23.7.2016. Against the order dated 23.7.2016, the Respondent filed a petition under Section 482 of the Code of Criminal Procedure before this Court which was registered as Cr.M.P. No.853 of 2016. In the meanwhile, before the Trial Court, on 19.1.2016, the Respondent filed an application under Section 205 read with Section 317 of the Code of Criminal Procedure for his permanent exemption. Vide order dated 22.9.2016 passed in Cr.M.P. No.853 of 2016, this Court directed the Trial Court to decide the application under Section 205 read with Section 317 of the Code of Criminal Procedure in accordance with law. Vide order dated 26.12.2016, the Trial Court dismissed the application under Section 205 read with Section 317 of the Code of Criminal Procedure filed by the present Respondent and a warrant was issued against the present Respondent. On 20.1.2017, the present Respondent filed Criminal Revision No.22 of 2017 before the Sessions Judge, Bilaspur against the order dated 26.12.2016 passed by the Trial Court. Vide order dated 3.3.2017, the revision was dismissed. Thereafter, the Respondent challenged the order dated 3.3.2017 before this Court in Cr.M.P. No.319 of 2017. Vide order dated 3.8.2017 of this Court the above Cr.M.P. No.319 of 2017 has been dismissed as withdrawn with certain liberty. On 9.3.2017, the Respondent appeared before the Trial Court for the first time and filed an application under Section 436 of the Code of Criminal Procedure for grant of bail. The Trial Court granted bail to the Respondent. Thereafter, on 6.4.2017, the Respondent again filed an application under Section 205 read with Section 317 of the Code of Criminal Procedure before the Trial Court. Vide order dated 23.12.2017, the Trial Court dismissed the application on the ground that earlier the Respondent's application had been dismissed on 26.12.2016 and the dismissal being affirmed by the Sessions Judge, the fresh application on the same ground cannot be entertained as not maintainable. Against the said order dated 23.12.2017, the Respondent filed Criminal Revision No.22 of 2018 before the Court of Session at Bilaspur. Vide the impugned order dated 12.3.2018, the Additional Sessions Judge has allowed the revision filed by the Respondent and set aside the order of the Chief Judicial Magistrate. Hence, the instant revision by the Applicant/Complainant.

3. Learned Counsel appearing for the Applicant/Complainant submitted that the order passed by the Chief Judicial Magistrate/Trial Court dated 23.12.2017 is an interlocutory order and, therefore, Criminal Revision No.22 of 2018 preferred by the Respondent before the Sessions Court was not maintainable. Despite that, the Sessions Court entertaine
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top