Citation : 2023 Latest Caselaw 952 MP
Judgement Date : 16 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3392 of 2022
(SHREYANSHI SHARMA @ GUDDA Vs DR. SHIVDUTT MISHRA)
Dated : 16-01-2023
Shri Deepesh Joshi - Advocate for the applicant.
Shri R.S. Shukla - Advocate for the respondent.
Ms. Priyanka Utkarsh Tripathi, JMFC, Bhopal has personally addressed a letter to this Court informing that applicant/accused Shri Shreyanshi Sharma @ Gudda has surrendered before the Court on 14.01.2023 and has been sent to
jail for undergoing the sentence.
Registry is directed to call for the explanation of Ms. Priyanka Utkarsh Tripathi Judicial Magistrate First Class, Bhopal through Sessions Judge, Bhopal with a copy of letter personally addressed to the judge by her explaining as to why she made a direct personal correspondence to the judge. This type correspondence by a trial Court judge is a blatant violation of judicial discipline. Therefore, call for her explanation as to why action be not initiated/recommended against her.
Learned counsel for the applicant is heard on I.A. No. 16690/2022 an
application for exemption from surrender. As applicant has already surrendered before the trial Court on 14.01.2023 for undergoing the jail sentence, I.A. No. 16690/2022 having rendered infructuous is dismissed.
In this criminal revision, application for bail has been filed under Section 389(1) of Cr.P.C. Provisions of Section 389 of Cr.P.C. are applicable in criminal appeals filed against the judgment of conviction and order of sentence and not in revision. Therefore, I.A. No. 16689/2022 too is dismissed.
However, applicant shall be at liberty to move the appropriate application
praying for bail.
A copy of this order along with copy of the correspondence be sent to the Registrar General of this Court for necessary action.
As prayed, list the case on 23.01.2023.
(DINESH KUMAR PALIWAL) JUDGE
L.R.
Digitally signed by LALIT SINGH RANA Date: 2023.01.17 11:33:52 +05'30'
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