Sava @ Shivlal vs State Of Madhya Pradesh
2025 Latest Caselaw 7601 MP

Madhya Pradesh High Court

Sava @ Shivlal vs State Of Madhya Pradesh on 5 April, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2025:MPHC-IND:9244




                                                              1                           MCRC-49432-2024
                              IN      THE      HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                             &
                                           HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                    ON THE 5 th OF APRIL, 2025
                                             MISC. CRIMINAL CASE No. 49432 of 2024
                                                       SAVA @ SHIVLAL
                                                            Versus
                                                  STATE OF MADHYA PRADESH
                           Appearance:
                                    Ms. Rekha Shrivastava - Advocate for the applicant.
                                    Shri Sudeep Bhargava - Dy. Advocate General for the respondent /
                           State.

                                                                  ORDER

Per: Justice Vivek Rusia

This applicant has been convicted vide judgment dated 31.07.2004 in Session Trial No.202/2003. The said conviction has been affirmed by the Division Bench of this Court in Criminal Appeal No.860 of 2004 vide judgment dated 30.09.2013. The appellant was accused / appellant No.12 in

the criminal appeal.

02. This appellant alone approached the Apex Court by way of Special Leave Petition (Criminal) Diary No(s).41907/2019 inter alia on the ground that at the time of commission of offence he was 15 years of age, therefore, the conviction is bad in law. The SLP came up for hearing on 17.02.2020 and after arguing at length the petitioner sought permission to withdraw the SLP

NEUTRAL CITATION NO. 2025:MPHC-IND:9244

2 MCRC-49432-2024 and moved to High Court with respect to his application that the petitioner was a juvenile at the time of commission of offence. After withdrawal of that SLP, the petitioner filed an M.Cr.C. No.5853 of 2022 under Section 482 of Cr.P.C. which came up for hearing on 19.12.2023. The petitioner withdrew the said M.Cr.C. with liberty to approach the trial Court under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 in accordance with law.

03. Now, after withdrawal of above M.Cr.C., again this petition has been filed under the same provision i.e. Section 482 of Cr.P.C. seeking same relief, therefore, second M.Cr.C. is not maintainable.

04. In view of the above, this M.Cr.C. stands dismissed.

                                      (VIVEK RUSIA)                             (GAJENDRA SINGH)
                                          JUDGE                                      JUDGE
                           Divyansh