Citation : 2021 Latest Caselaw 7193 MP
Judgement Date : 9 November, 2021
1 CRA-4148-2020
The High Court Of Madhya Pradesh
CRA No. 4148 of 2020
(LT. COLONEL JITENDRA BHIRORIA Vs DR. SHIV KUMAR SAIMIL AND OTHERS)
5
Gwalior, Dated : 09-11-2021
Shri Chetan Kanoongo, learned counsel for the appellant.
Shri Rajmani Bansal, learned counsel for respondent No.1.
Shri Rajesh Shukla, learned Deputy Advocate General for respondent No.2/State.
Shri Bansal points out that appellant has already filed a Criminal
Revision (Cri.R.No.1760/2020) under Section 397 read with Section 401 of Cr.P.C. against the conviction by judgment and sentence dated 17.3.2020. This appeal has been preferred under proviso to Section 372 of Cr.P.C. mainly on the ground of conviction for lesser offence. In fact both the proceedings cannot go together as they involve questions to be answered in the context of conviction and sentence awarded by the trial Court, hence, either of the two proceedings may be permitted to be continued.
Shri Kanoongo prays for time to seek instructions in that behalf. List after four weeks.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
ms/-
MADHU
SOODAN
PRASAD
2021.11.10
09:51:51 +05'00'
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