Manjoor Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9479 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2251 of 2023 (MANJOOR KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 23-06-2023 Shri Sankalp Kochar - Advocate for applicant.

Ms. Seema Jaiswal - Panel Lawyer for State. Shri Priyank Choubey - Advocate for complainant.

The arguments have been heard on I.A.No.12202/2023 in which it is prayed that the applicants be exempted from surrendering before the authorities

and this criminal revision be admitted for hearing.

For this I.A.No.13939/2023 has been filed for taking additional documents on record but those documents are related to illness of only one applicant namely, Shabnam and they do not even disclose any serious ailment of her.

In I.A.No.12202/2023, no ground has been specifically made to allow exemption to the applicants from surrender. They have merely relied upon the judgment of Hon'ble Apex Court delivered in Vivek Rai Vs. State of Jharkhand, (2015) 12 SCC 861 and have also submitted the judgments of

Sheela Varnekar Vs. State of M.P., CRR No.4405/2022, Nirmal Sen Vs. State of M.P., CRR No.37/2020, Balveer Singh Vs. State of M.P., CRR No.1066/2022 and Nitya Narayan Pandey Vs. State of M.P., CRR No.5932/2022 for the perusal of this Court. The Hon'ble Apex Court has held that in exceptional circumstances, the High Court has inherent power to exempt the requirement of surrender but here not even the slightest ground has been stated for seeking exemption, hence these citations are of no avail to the applicants.

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/30/2023 10:55:40 AM

Accordingly, I.A.No.12202/2023 is dismissed. Applicants are directed to surrender before this Court on 01.07.2023 and, thereafter, the matter shall be taken up for deciding the issue for considering the compromise application.

(ANURADHA SHUKLA) JUDGE

Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 6/30/2023 10:55:40 AM