Jharkhand High Court
Comder Anup Krishna Sood & Anr vs State Of Jharkhand & Ors on 6 March, 2012
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 102 of 2012
1. Comder. Anup Krishna Sood
2. Ashish Das Gupta ... ....Petitioners
Vs.
The State of Jharkhand & Ors ....Opposite Parties
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioners: Mr. Dilip Kumar Prasad
For the State: APP
For the O.P. No. 2 Mr. A.K. Sahani
Re: I.A. No. 444 of 2012
6/06.03.2012: This Interlocutory Application has been filed for exempting the petitioners from filing surrender certificate in terms of rules 159 of the Jharkhand High Court Rules.
Sri Dilip Kumar Prasad, learned counsel for the petitioners submits that both the parties had settled their dispute, therefore, in view of order dated 13.5.2011 of the Division Bench of this Court in Subhash Agarwal @ Subhash Kumar Agarwal & Anr. Vs. State of Jharkhand and another ( Cr. Revision No. 826 of 2010), it is not compulsory to file surrender certificate as a condition for entertaining a revision application. It is submitted that if parties compromised and filed compromise petition in the court then Rule 159 of Jharkhand High Court Rules will have no application. Learned counsel submits that in exercise of inherent power, this court can exempt the petitioners from surrendering in the trial court.
Having heard the submission, I have gone through the Division Bench judgment of this Court. At para 10 it has been held that:-
"Even if the parties have compromised their dispute outside the court and filed a joint compromise petition for compounding the offence under section 320 Cr.P.C. in the revision application, it cannot be posted for admission without surrender by the petitioner in the trial court in view of Rule 159 of the Jharkhand High Court Rules."
However, in view of the judgment of Supreme Court in B.S. Joshi Vs. State of Harayana (2003)4SCC 675 and Preeti Gupta & Anr. Vs. State of Jharkhand ( 2010)7SCC 667, the Division Bench of this Court held that in cases, where the convict was punished under section 498A/34, 223/406 of the IPC and thereafter parties compromised and filed compromise petition then this Court can exempt the convict from surrendering before entertaining revision application.
-2-Thus, according to the ratio of Division Bench it is mandatory for the petitioner to follow the Rule 159 of the Jharkhand High Court Rules and unless the said rule is complied with, revision will not be entertained. In this case, petitioners were convicted under section 29 of the I.D. Act for non implementation of award. Under the aforesaid facts and circumstance, this case does not come within the purview of exception pointed out by the Division Bench in aforesaid case.
Thus, I am not inclined to exempt the petitioners from filing surrender certificate.
Accordingly, I.A. No. 444 of 2012 is dismissed. Petitioners are directed to remove the defects within the peremptory period granted vide order dated 21.2.2012 ( Prashant Kumar,J.) Sharda/-