Ambikesh Prasad Shukla vs Ajay Tiwari
2023 Latest Caselaw 3241 MP

                                                                        1
                                    IN     THE       HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                               BEFORE
                                                   HON'BLE SMT. JUSTICE ANJULI PALO
                                                      ON THE 22 nd OF FEBRUARY, 2023
                                                  MISC. CRIMINAL CASE No. 8542 of 2023

                                   BETWEEN:-
                                   AMBIKESH PRASAD SHUKLA S/O INDRA MANI
                                   SHUKLA, AGED ABOUT 42 YEARS, VILLAGE POST
                                   HARIHAR PUR POLICE STATION SAGARA DISTRICT
                                   REWA (MADHYA PRADESH)

                                                                                                    .....APPLICANT
                                   (BY SHRI C.S. UPADHYAY - ADVOCATE)

                                   AND
                                   AJAY TIWARI S/O LATE SHRI KESHAV PRASAD TIWARI
                                   VILLAGE POST AMILIKI POLICE STATION SAGRA
                                   DISTRICT REWA (MADHYA PRADESH)

                                                                                                  .....RESPONDENT
                                   (BY SHRI PANKAJ RAJ - PANEL LAWYER)

                                         This application coming on for admission this day, the court passed the
                                   following:
                                                                        ORDER

Heard on the question of maintainability. In this petition, the petitioner has challenged the validity of the judgment dated 01.02.2023 passed by learned sixth Additional Sessions Judge, Rewa passed in CRA No.120 of 2022 whereby the judgment passed by learned JMFC, Rewa dated 26.08.2022 has been affirmed and the appeal preferred by the petitioner has been dismissed.

Signature Not Verified SAN Against the aforesaid judgment of conviction and order of sentence, Criminal Revision under Section 397/401 of the Code of Criminal Procedure Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.02.23 17:33:39 IST

would lie before this Court. The criminal revision would only be maintainable if the petitioner is in custody or he has been extended the benefit of bail. The petitioner is neither in custody nor his sentence has been suspended by any Court. As it appears, to avoid surrendering before the Court, this petition under Section 482 of the Cr.P.C. has been filed.

Hence, the M.Cr.C. is dismissed as not maintainable. Office shall supply certified copies of the documents/impugned order to the counsel for the petitioner on substitution thereof by photocopies.

(SMT. ANJULI PALO) JUDGE ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.02.23 17:33:39 IST