Arjun Modi vs The State Of Jharkhand And Another ... ...
2024 Latest Caselaw 1610 Jhar

Jharkhand High Court

Arjun Modi vs The State Of Jharkhand And Another ... ... on 17 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Revision No. 441 of 2023
Arjun Modi ...       ...     ...       ... ...   ...  ... ... Petitioner
                         Versus
The State of Jharkhand and another ...       ...    ...   ... Opp. Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner:   None
For the State:        Mr. Sudhir Kumar Mahto, A.P.P.
For O.P. No.2:        Mr. Sanjay Kumar, Advocate
                      Mr. Rishi Chandan, Advocate
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          th
Dated: 17 February, 2024

The petitioner has filed this revision application against the judgment dated 02.02.2022 passed by the Sessions Judge, Bokaro in Criminal Appeal No.16/2020 whereby and whereunder he has been pleased to dismiss the appeal filed by the petitioner and confirmed the judgment dated 22.01.2020 passed by Ms. Seema Kumari Minz in C.P. Case No.25 of 2011 whereby the petitioner has been convicted for simple imprisonment of three years under Section 498-A of the I.P.C.

2. Nobody appears on behalf of the petitioner in spite of repeated calls.

3. Vide order dated 07.12.2023, two weeks' time was granted to remove the surviving defects indicating that in failure the petition shall stand dismissed without further reference to the Bench. However, one Interlocutory Application was filed being I.A. No.9832 of 2023 seeking exemption to surrender before the learned Court below on the ground of age and illness. The same was rejected vide order dated 12.01.2024 which is quoted as under:-

"Heard learned counsel for the petitioner in this interlocutory application which has been filed for exemption to surrender before the court below on the ground of his age and illness. However, no documentary evidence has been filed in support of his physical condition.

Learned counsel for the State as well as the complainant have opposed the interlocutory application and submitted that mere old age unsupported by any medical certificate cannot be a ground for exemption.

I.A. No. 9832 of 2023 for exemption from surrendering before the court below is rejected."

4. As per the office note, the surrender certificate has not yet been filed and today nobody is appearing on behalf of the petitioner in spite of repeated calls.

5. In view of the facts that earlier a peremptory order was passed on 07.12.2023, the petition seeking exemption from surrender was rejected on 12.01.2024 and no surrender certificate having been filed, the petition continues to be defective. Therefore, the present petition is dismissed on account of non-removal of defect regarding filing of surrender certificate.

6. Let this order be communicated to the Court concerned at once.

(Anubha Rawat Choudhary, J) Manoj/-