Raghuraj Singh Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 5497 MP

                                 1
      IN     THE       HIGH COURT OF MADHYA
                           PRADESH
                         AT GWALIOR
                        BEFORE
     HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                     ON THE 3 rd OF APRIL, 2023
                 CRIMINAL REVISION No. 1098 of 2023

BETWEEN:-
RAGHURAJ SINGH GURJAR S/O SHRI NABAB
SINGH   GURJAR,    AGED   40  YEARS, R/O
MAHUAKHEDA POLICE STATION MAYAPUR,
DISTRICT SHIVPURI (MADHYA PRADESH)

                                                             .....PETITIONER
(BY SHRI SURESH AGRAWAL-ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH THROUGH
      TOWN   INSPECTOR   POLICE   STATION
      RANNOD SHIVPURI (MADHYA PRADESH)

2.    STATE OF M.P. THROUGH COLLECTOR
      DISTRICT SHIVPURI (MADHYA PRADESH)

                                                         .....RESPONDENTS
(BY SHRI SUSHANT TIWARI-PUBLIC PROSECUTOR)

      This revision coming on for admission this day, the court passed

the following:
                                  ORDER

Heard on I.A. No.4901/2023, an application under Section 5 of Limitation Act.

As per office note, the revision is barred by 212 days. For the reasons mentioned in the application, same is allowed. The delay in filing this criminal revision is hereby condoned.

This Criminal revision under Section 397/401 of CrPC has been filed by the petitioner against the judgment dated 07.05.2022 passed by Third Additional Sessions Judge Shivpuri, District Shivpuri in Criminal Appeal No.277/2019 by which the appeal filed by the petitioner was partly allowed and the judgment passed by the Judicial Magistrate First Class, Kolaras, District Shivpuri in Criminal Case No.1267/2014 was modified to the extent that while affirming the conviction, the sentence awarded under Sections 337, 338 of IPC was modified till rising of the Court. The conviction and sentence for the offence punishable under Section 3/181 and 146/196 of Motor Vehicles Act was affirmed and under Section 357 (3) of Cr.P.C, petitioner was directed to pay compensation of Rs.

40,000/- to injured Brajmohan and Rs.1000 to injured Radheshyam, with default stipulation.

Learned counsel for the petitioner submits that that since petitioner was not present on the date fixed for the delivery of judgment, therefore, he could not suffer imprisonment awarded by the appellate court and could not deposit the compensation amount. He further submits that on the said date, counsel for petitioner was also not present. Now, petitioner after knowing the fact of conviction and sentence is ready to suffer the imprisonment so awarded and to deposit the compensation amount, therefore, date may be fixed for suffering sentence and a weeks' time be extended to deposit the compensation amount.

Learned counsel for the State has opposed the prayer by submitting that petitioner has not complied with the judgement within the stipulated

time. Hence, the petitioner is not entitled for any leniency from this Court and prays for dismissal of the petition.

Heard the learned counsel for the parties and perused the record. I n view of the facts and circumstances of the case as well as considering the submissions so advanced by counsel for the petitioner, the revision is disposed of and the revision petitioner is granted one weeks' time from today onwards to pay the amount of compensation as directed by the appellate court. The revision petitioner is further directed to appear before the appellate Court on 10.04.2023 to serve the sentence so awarded to him by the court below.

In case of further failure, the court below shall be at liberty to take appropriate action against the petitioner.

A copy of this order be sent to the Courts below concerned for information and compliance Certified copy, as per rules.

(SATYENDRA KUMAR SINGH) JUDGE Aman AMAN TIWARI 2023.04.03 18:25:03 +05'30'