Madhya Pradesh High Court
Vikki @ Vikram Pratap Singh vs The State Of Madhya Pradesh on 6 December, 2017
THE HIGH COURT OF MADHYA PRADESH
CRR-1734-2016
sh
(VIKKI @ VIKRAM PRATAP SINGH Vs THE STATE OF MADHYA PRADESH)
e
Jabalpur, Dated : 06-12-2017
ad
None for the applicant, even in the second.
Pr
Shri Ramji Pandey, Panel Lawyer for the respondent/State.
This criminal revision is directed against the judgment a dated 04.04.2016 passed by First Additional Sessions Judge, hy Tikamgarh in Cri.Appeal No.77/2015, arising out of judgment ad dated 02.03.2015 passed by Chief Judicial Magistrate, Tikamgarh M in Criminal Case No.30/2010, whereby learned trial Court found the applicant guilty for the offence punishable under Sections 384 of & 427 of IPC and sentenced to undergo one year R.I. with fine rt of Rs.1000/- and six months R.I. with fine of Rs.1000/- with ou default stipulation.
The applicant is still absconding. C According to High Court of M.P. Rules Chapter 10 Rule 48 h revision petition against conviction is tenable only if it contains ig the declaration to the effect that convicted person is in custody or H surrendered after the conviction except the cases where sentence has been suspended by the Court below. While the applicant filed this criminal revision without surrendering himself and has not surrendered despite many opportunities. So this revision is not maintainable. The co-ordinate Bench of this Court in the case of Deepak Sahu and others Vs. State of M.P., reported in 2012 (3) MPLJ 534 clearly held that revision against conviction- tenability-A revision petition against conviction is tenable only when it contains a declaration to the effect that the convicted person is in custody or has surrendered after the conviction except in cases where the sentence has been suspended by the sh Court below. This Court also in the case of Ramkishan Vs. State of M.P. passed in Cr.R.No.282/2015 order dated 8.9.2015 and in e ad the case of SMT. RUPALI Vs SANJAY passed in Cr.R.No. 1162/2016 order dated 22-02-2017 took the same view. So, in the Pr light of aforesaid decisions, the criminal revision filed by the accused/applicant being not maintainable, is hereby dismissed.
a hy Let copy of this order along with the record be sent to the trial Court for information and to serve the sentence by the ad applicant as awarded by the appellate Court.
M (RAJEEV KUMAR DUBEY) of JUDGE rt ou C (ra) h ig Digitally signed by RANJEET AHIRWAL Date: 2017.12.07 10:25:56 +05'30' H