Ashok vs The State Of Madhya Pradesh
2023 Latest Caselaw 8863 MP

                                                                1
                               IN       THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 15 th OF JUNE, 2023
                                            CRIMINAL REVISION No. 1931 of 2023

                           BETWEEN:-
                           ASHOK S/O BASAVANAPPA NAGANAGOUDAR H.NO.
                           LIG-57, KHB COLONY, SUBASHNAGAR, KESHWAPUR
                           HUBBALLI (KARNATAKA)

                                                                                            .....PETITIONER
                           (ASHOK (SELF) - IN PERSON)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH THE CRIME BRANCH POLICE MTH
                           COMPOUND, INDORE (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI A.S. PARIHAR - PL)

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

The petitioner submits that in relief clause the date of the order passed by

this court has been wrongly mentioned due to typographical mistake. The correct dated is 26th April, 2023.

2) In the present petition, the petitioner is challenging the order passed by High Court dated 26.4.2023 in M.Cr.C. No.7309/2023 passed u/S.482 Cr.P.C. dismissing his petition. The petitioner submits that the points argued by him have not been considered by this court while passing the said order and, therefore, he has got remedy to challenge the same before this court in view of

Signature Not Verified the judgment passed by the Apex court in the case of Mohd. Akram Ansari Vs. Signed by: VARGHESE MATHEW Signing time: 16-06-2023 14:56:28

Chief Election Officer & Ors. LAWS (SC) 2007-12-25 passed on 4.12.2017.

3) Counsel for State raised preliminary objection regarding maintainability of the petition on the ground that there is no provision for review in the Cr.P.C. and further order passed by High Court under Section 482 Cr.P.C. cannot be challenged before this Court.

4) After hearing the parties and taking into consideration that there is no provision for filing review under the Cr.P.C and the order passed in 482 Cr.P.C by High Court cannot be challenged in another petition u.S.397 and 401 of Cr.P.C. The judgment relied by the petitioner of the Supreme Court in the case of Mohd. Akram Ansari (supra) would not apply to the present case as the said

case was not relating to criminal jurisdiction.

5) Accordingly, the petition is dismissed as not maintainable.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 16-06-2023 14:56:28