A criminal revision must be accompanied by surrendering before the trial court to be maintainable, as established by Supreme Court precedent.

Headnote:(A) Criminal Procedure Code, 1973 - Sections 397 and 401 - M.P. High Court Rules - Rule 48 - Revision application filed without surrendering before trial court - Referred judgment from Supreme Court states that such a revision is not maintainable - Revision dismissed with liberty to refile post-surrender. (Paras 1-4)

(B) Maintenance of Appeals - It is crucial for an applicant to surrender before the trial court before filing a revision application. (Paras 3-4)

Facts of the case:
The petitioner filed a criminal revision without surrendering after the appeal was dismissed, which contravened the established legal provisions as advised by the Supreme Court.

Findings of Court:
The court found that the revision was not maintainable in absence of surrender, emphasizing adherence to procedural rules.

Issues: Whether a revision can be maintained without surrendering before the trial court?

Ratio Decidendi: The court reaffirmed that based on Supreme Court rulings and relevant High Court rules, a revision application must include the surrender of the accused before the trial court to be maintainable.

Result: Revision dismissed with liberty to refile after surrender.

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)

ORDER :

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 SCC 86 .

4. Under these circumstances, it is clear that in view of Rule 48 of Chapter 10 of MP High Court Rules, the revision without surrendering before the trial Court is not maintainable. Accordingly, this revision is dismissed with liberty to the applicant to file an application for restoration of this criminal revision after surrendering before the trial Court.

5. Registrar General is directed to issue necessary instructions to all the concerned Dealing Clerks about the judgment passed by the Supreme Court in the case of Daulat Singh (supra), so that objection with regard to maintainability be raised if appeal or revision is filed without surrendering before the Trial Court.

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