AI Overview...
- Exemption in Criminal Revision for Surrender
- Necessity of Surrender: Most courts emphasize that surrender is generally a mandatory requirement for maintaining a criminal revision, especially in cases against conviction or sentence. If the accused fails to surrender, the revision is often dismissed unless exceptional circumstances are demonstrated Md. Abid vs State of Jharkhand - Jharkhand, Vinod Raghuwanshi vs Ajay Arora - Madhya Pradesh, DINESH MOHANIYA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Karan Singh vs Prerit Tiwari - Madhya Pradesh, Devnarayan VS Prateek Goyanka - Madhya Pradesh.
- Exceptions and Discretion: Courts have recognized that exemption from surrender can be granted in exceptional cases, particularly when there is a valid compromise between parties, settlement, or other mitigating factors such as compliance with compensation orders. Such exemptions are granted at the court's discretion, often after considering the nature of the offense (compoundable or non-compoundable) and the circumstances of the case Raj Kumar Prasad @ Kalu VS State of Jharkhand - Jharkhand, Aruneshwar Verma VS State Of Jharkhand - Jharkhand, Md. Abid vs State of Jharkhand - Jharkhand, Manisekaran vs State of Tamil Nadu, Represented by the, Inspector of Police, District Crime Branch, Thanjavur - Madras, GURMIT SINGH SAINI vs NIRNJAN SINGH - Madhya Pradesh, Nasrat Khan vs Nazir Bakhsh - Madhya Pradesh.
- Legal Framework: Under the Criminal Procedure Code (Sections 397, 401), and High Court Rules (Rule 48), surrender is a prerequisite for filing a revision petition. However, recent judgments acknowledge that in certain cases, courts may condone delay or exempt surrender based on the facts, such as settlement or compromise, especially in compoundable offenses Raj Kumar Prasad @ Kalu VS State of Jharkhand - Jharkhand, GURMIT SINGH SAINI vs NIRNJAN SINGH - Madhya Pradesh, DINESH MOHANIYA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Karan Singh vs Prerit Tiwari - Madhya Pradesh, Devnarayan VS Prateek Goyanka - Madhya Pradesh.
- Judicial Approach: Courts have varied views, but the prevailing stance is that surrender is generally essential; nonetheless, judicial discretion allows exemption in genuine circumstances, emphasizing the importance of demonstrating exceptional grounds for exemption Aruneshwar Verma VS State Of Jharkhand - Jharkhand, DINESH MOHANIYA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Karan Singh vs Prerit Tiwari - Madhya Pradesh.
- Analysis and Conclusion
- While surrender remains a fundamental requirement for filing a criminal revision, courts recognize exceptions based on the nature of the offense, settlement, or compromise between parties. Exemption from surrender is granted sparingly and typically hinges on demonstrating exceptional circumstances, such as settlement, compliance with orders, or other mitigating factors. Overall, courts balance procedural requirements with equitable considerations, allowing exemptions when justified but maintaining the principle that surrender is generally necessary for the maintainability of revision petitions.
Search Results for "Exemption in Criminal Revision for Surrender"
2017 0 Supreme(Jhk) 985 • India - Jharkhand
RONGON MUKHOPADHYAY
Issues: Delay in filing criminal revision, exemption to surrender, compromise between parties, compoundable nature of offenses ... exemption to surrender based on a compromise between the parties. ... Compounding of Offences - Criminal Revision - The court allowed the condonation of delay in filing the criminal revision and exempted ... ... Criminal Revision No. 240 of 2017 .......
2025 0 Supreme(Jhk) 355 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
(Paras 1, 2, 8, 10) ... ... (B) Criminal Revision - Seeking ... exemption from surrender based on compliance with compensation order - The petitioner having settled the amount with the opposite ... from surrender. ... Criminal Revision Application shall stand dismissed without further reference to the Bench. ... No. 10781 of 2024 The present Criminal Revision has been filed by the petitioner challenging the judgment dated 06.01.20....
2025 0 Supreme(MP) 250 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI
The court highlighted that surrender is necessary for any criminal revision. ... (A) Madhya Pradesh High Court Rules, 2008 - Rule 48 - Criminal Revision Application - The revisionist's application for exemption ... that if he fails to provide a certificate of surrender, the revision would be dismissed. ... High Court Rules, 2008, has held that surrender is necessary for maintaining a criminal revision#HL_....
2025 Supreme(Online)(Mad) 67527 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED, J
(A) Criminal Procedure Code - Section 528 - Petition to exempt surrender - Petitioners sought exemption from surrender pending a ... main Criminal Revision Petition - Counsel for the Petitioner withdrew the petitions, and the Respondent had no objection - Criminal ... The Criminal Miscellaneous Petition in Crl.MP(MD)No.12577 of 2024 has been filed praying to grant an order by exempting the Petitioner from surrendering before the learned II Additional District and Sess....
2025 Supreme(Online)(MP) 4062 • India - High Court of Madhya Pradesh
DEVNARAYAN MISHRA, J
High Court Rules, 2008 - Applicability of rules regarding surrender in revision petitions - In revisions against conviction, court ... ... ... Result: Applications for exemption from surrender were rejected. ... generally requires accused to surrender; however, exceptional circumstances may warrant exemption from this rule, as per judicial ... Heard on I.A.Nos.17167/2025 & 16138/2025,which are applications for exemption from surrender#HL_....
2024 Supreme(Online)(MP) 874 • India - High Court of Madhya Pradesh
SHRI JUSTICE BINOD KUMAR DWIVEDI, J
exemption and ruled that the revision is not maintainable without surrender. ... from surrender, leading to the dismissal of the application and the criminal revision. ... revision, but exceptional circumstances must be demonstrated to claim exemption. ... On these grounds, learned counsel prays for exemption from surrender and to admit the criminal revision. 4. ... Learned couns....
2017 0 Supreme(Jhk) 2005 • India - Jharkhand
RONGON MUKHOPADHYAY
Compromise - Criminal Revision - The court allowed the petitioner's application for exemption from surrender and condonation of ... Fact of the Case: The petitioner sought exemption from surrender and condonation of delay due to a compromise between ... Final Decision: The court allowed the applications for exemption from surrender and condonation of delay, setting aside the ... The petitioner preferred an appeal being Criminal A....
2025 Supreme(Online)(MP) 4070 • India - High Court of Madhya Pradesh
DEVNARAYAN MISHRA, J
(A) Criminal Procedure Code, 1973 - Sections 397, 401 - Exemption from surrender in revision petitions against conviction and sentence ... from surrender as he filed a revision petition post conviction, arguing that recent judgments support non-mandatory surrender prior ... from surrender, and the inherent power to grant such exemption is not a general rule but rather exceptional. ... The Code has no provision permitting an application to seek #HL_ST....
2025 Supreme(Online)(MP) 6522 • India - High Court of Madhya Pradesh
Ramkumar Choubey, J
(A) Criminal Procedure Code and Negotiable Instruments Act - Section 138 - Criminal revision filed against conviction and sentence ... by lower courts - Reduction of sentence from two years to six months by the appellate court - Application for exemption from surrender ... (Paras 6, 8) ... ... Facts of the case: ... The applicant sought exemption from surrender while ... This criminal revision u/s 438/442 of the Criminal #HL_STA....
2024 0 Supreme(MP) 524 • India - Madhya Pradesh
SUBODH ABHYANKAR
to claim exemption from surrender. ... held that while it is not mandatory for a convict to surrender when filing a criminal revision, a declaration of custody or surrender ... (A) Criminal Procedure Code, 1973 - Sections 397 and 401 - Requirement of surrender before filing a criminal revision - The court ... , but the sweeping observation that a convict is not at all required to surrender while filing the #HL_STAR....
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