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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S.AHLUWALIA
Malkhan Singh – Appellant
Versus
Moharsingh – Respondent
| Table of Content |
|---|
| 1. jurisdiction of criminal revision under cr.p.c. (Para 1) |
| 2. condition for maintainability: surrendering (Para 2) |
| 3. legal precedent on revision after non-surrender (Para 3) |
| 4. dismissal of revision for non-surrender conditions (Para 4) |
| 5. instructions regarding maintainability raised (Para 5) |
1. This criminal revision under Section 397 read with Section 401 of Cr.P.C. has been filed against the judgment and sentence dated 03.10.2024 passed by Second Additional Sessions Judge, Ganjbasoda, District Vidisha in Criminal Appeal No.62/2022 as well as judgment and sentence dated 27.08.2022 passed by Judicial Magistrate First Class, Ganjbasoda, District Vidisha in Criminal Case in SCNIA No.283/2019.
2. The petitioner has not surrendered after the appeal was dismissed.
3. The Supreme Court in the case of Daulat Singh Vs. State of Madhya Pradesh decided on 30.07.2024 in S.P.L. Criminal No. 20900/2024 has held that revision without surrendering before the trial Court is not maintainable. The Supreme Court has also considered the Rules of M.P. High Court as well as the judgment passed by the Supreme Court in the case of Vivek Rai Vs. High Court of Jharkhand , (2015) 12
A criminal revision must be accompanied by surrendering before the trial court to be maintainable, as established by Supreme Court precedent.
Rule 48 of the M.P. High Court Rules mandates that a convicted person must surrender or be in custody to maintain a criminal revision petition, barring exceptions for suspended sentences.
The main legal point established in the judgment is the mandatory requirement for a convicted person to surrender after their conviction for a revision petition to be tenable, as per Rule 48 of the M....
A convict is not required to surrender when filing a criminal revision unless the sentence has not been suspended, but must declare custody status.
Surrender is mandatory for criminal revision applications under Rule 48 of Madhya Pradesh High Court Rules, and exemptions can only be granted in exceptional cases, supported by robust medical eviden....
An accused can file a revision and seek suspension of sentence without being in confinement, as per sections 397 and 389 of the Code of Criminal Procedure.
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
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