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2004 Supreme(Jhk) 341

SUDHANSU JYOTI MUKHOPADHAYA, LAKSHMANA RAO
MAHADEO PRASAD SHRIVASTAV – Appellant
Versus
HIGH COURT OF JHARKHAND, RANCHI – Respondent


Advocates Appeared:
D.R.Pandey

Judgment :

S. J. MUKHOPADHAYA, J.

( 1 ) THE petitioner was convicted on 23rd April, 2002 u/s. 420, I. P. C. by the learned Judicial Magistrate 1st Class, Ranchi in G. R. case No. 918 of 1990 and was sentenced to undergo r/i for two years and to pay a fine of Rs. 1000/- and in default to undergo S/i for three months. The appeal No. 36 of 2002 preferred by petitioner against the judgment of conviction and sentence was also dismissed on 16th August, 2003 by learned 4th additional Judicial Commissioner-cum-Special judge, CBI (AHD Scam), Ranchi. Against the aforesaid judgment of conviction and sentence/appellate order, the petitioner stated to have preferred a criminal revision application (number not given)before this Court challenging the correctness, legality and propriety of his conviction and sentence.

( 2 ) UNDER Rule 159 of the "high Court of jharkhand Rules, 2001", the petitioner is required to submit a surrender certificate. If he has not surrendered, a petition to be accompanied by an application seeking leave to surrender is required to be filed within a specified period. Rule 159 reads as follows :"in the case of revision under Sections 397 and 401 of the Code of Criminal Pr





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