Ram Pratap Singh Rathore vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Jhk) 1378

APARESH KUMAR SINGH, DEEPAK ROSHAN
Ram Pratap Singh Rathore – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Indrajit Sinha, Arpan Mishra, Radha Krishna Gupta, Pinky Shaw, Rohit Ranjan Sinha.
For the Respondents: P.A.S. Pati, Gaurang Jajodia.

JUDGMENT :

1. In all these writ petitions the vires of Rule 159 of the Jharkhand High Court Rules, 2001 has been challenged on the ground that they are ultra-vires to the provisions of Section 397 and 477 of the Code of Criminal Procedure Code, 1973.

2. Learned counsel for the petitioners and the State both submit that the very issue relating to requirement of surrender of the accused before filing of criminal revision application, as per Rule 159 of the Jharkhand High Court Rules, 2001 was considered and decided by the Hon’ble Supreme Court in the case of Vivek Rai and Another vs. High Court of Jharkhand through Registrar General and Others, (2015) 12 SCC 86. The Apex Court has inter alia held as under:

6. We do not find any merit in the challenge to the validity of the Rule. It is well known practice that generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in the Court itself. The object of the Rule is to ensure that a person who has been convicted by two courts obeys the law and does not abscond. The provision cannot thus be held to be arbitrary in any manner. The provision is to regulate the proc

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