Back
2025 Supreme(Jhk) 180
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sanjay Prasad, J.
Bulaki Mahto, son of Late Bishun Mahto - Petitioner
Versus
The State of Jharkhand and ors. – Opposite Parties
Cr. Rev. No.1074 of 2017
Decided On : 13-02-2025
Advocate Appeared:
For the Petitioner:Mr. Sanjay Prasad, Advocate
For the Opposite Party : Mr. Sanjay Kr. Srivastava, A.P.P.
The offence under IPC Section 304-A is non-compoundable; therefore, a party cannot seek exemption from surrender in cases involving deaths caused by negligence.
Headnote:(A) IPC - Section 304-A - Non-compoundable offence - Exemption from surrender requested by the petitioner after compromising with the informant - Court notes that a minor boy's death resulted from the petitioner's negligent driving, thus necessitating surrender - Court finds discretion cannot favor the petitioner - I.A. No. 9112 of 2017 is dismissed. (Paras 9, 10, 11, 12)
| Table of Content |
|---|
| 1. application for exemption from surrender. (Para 1) |
| 2. petitioner seeks exemption from surrender. (Para 2 , 3) |
| 3. no objections raised by state counsel. (Para 4) |
| 4. notice served on opposite party no.2. (Para 5 , 6) |
| 5. court disagrees with co-ordinate bench. (Para 7 , 8) |
| 6. non-compoundable nature of the offence. (Para 9 , 11) |
| 7. non-compoundability of section 304-a ipc. (Para 10) |
| 8. i.a. no. 9112 rejected. (Para 12 , 13) |
| 9. interim order vacated; case to be listed. (Para 14 , 15 , 16) |
ORDER :
SANJAY PRASAD, J.
I.A. (Cr.) No. 9112 of 2017
This I.A No. 9112 of 2017 has been filed on behalf of the petitioner under Section 159 of the JHARKHAND HIGH COURT RULES (instead of Rule 159 of JHARKHAND HIGH COURT RULES ) read with Section 482 of the Cr.P.C.
2. This I.A. (Cr.) No. 9112 of 2017 has been field on behalf of the petitioner for seeking exemption from surrender before the learned Court below.
3. Learned counsel for the petitioner submitted that the case has been compromised with the Informant and a sum of Rs.80,000/- (Rs. Eighty Thousand) has been paid to the Opposite Party No.2 which is evident from Joint Compromise Petition i.e. Annexure-1 (i.e. I.A.(Cr.) No.9112 of 2017) filed before the Court of Principal District and Sessions Judge, Koderma on 12.06.2017 and as such the petitioner may be exempted from surrendering before the learned Court Below.
4. Learned State counsel has raised no objection.
5. It appears from the order passed by the Co-ordinate Bench 30.11.2017 that notice was issued upon Opposite Party No.2 and interim order was passed to the effect that no coercive step will be taken against the petitioner.
6. It appears from the Office note that notice has been served upon O.P. No.2 personally. However, till date Opposite party No.2 has not appeared.
7. This Court respectfully differs with the view of the Co-ordinate Bench (Hon’ble Mr. Justice Rongon Mukhopadhyay) of this Court.
8. This Court further finds that the Co-ordinate Bench (Hon’ble Mr. Justice Rongon Mukhopadhyay) merely has issued interim order in favour of the petitioner. However, Opposite Party No.2 has not appeared before this Court.
9. However, it is well settled that the offence under Section 304-A of I.P.C is non-compoundable in nature.
10. There is a death of a minor boy aged about six (06) years old, who lost his life due to rash and negligent driving of the petitioner.
11. Thus, this Court finds that the discretion cannot be exercised in favour of the petitioner for allowing him exemption from surrendering before the learned Court below.
12. Accordingly, This I.A. No.9112 of 2017 is hereby rejected and the petitioner is directed to surrender within six (06) weeks and file surrender certificate.
13. Thus, this I.A. No.9112 of 2017 is dismissed.
14. The interim order passed by the Co-ordinate Bench order dated 30.11.2017 is hereby vacated.
15. Put up this case on 2nd April 2025, immediately after the surrender of the petitioner, by the Office.
16. Let a copy of this order be sent to the learned Court below by FAX by the Office.
