Dr. Ujjwal Pratap Singh vs Rashmi Bhadoriya
2025 Latest Caselaw 7410 MP

Madhya Pradesh High Court

Dr. Ujjwal Pratap Singh vs Rashmi Bhadoriya on 26 August, 2025

Author: Anil Verma

Bench: Anil Verma

          NEUTRAL CITATION NO. 2025:MPHC-GWL:19352




                                                              1                              CRR-3969-2025
                                IN    THE        HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                             BEFORE
                                                 HON'BLE SHRI JUSTICE ANIL VERMA
                                                    ON THE 26 th OF AUGUST, 2025
                                                 CRIMINAL REVISION No. 3969 of 2025
                                                    DR. UJJWAL PRATAP SINGH
                                                             Versus
                                                 RASHMI BHADORIYA AND OTHERS
                          Appearance:
                                Shri Vivek Saxena - Advocate for the petitioner.

                                                               ORDER

Heard learned counsel for the petitioner on I.A.No.17731 of 2025, for exemption from surrender before the court below and on the question of maintainability of this petition.

Counsel for the petitioner places reliance upon the judgment of this court in the case of Bhagwat Swaroop Panchauri (B.S.Pachauri) Vs. Om Prakash Gupta passed in Cr.Revision No.3651 of 2024 on 08.04.2025. But in the present matter, the petitioner-accused stood acquitted by the trial court vide judgment dated 05.06.2025 for the offence under Domestic Violence Act, therefore, the appeal has been filed by the respondent before 7th ASJ, Bhind being Cr.Appeal No.44 of

2025 which was allowed vide judgment dated 6th August, 2025 setting aside the judgment of acquittal passed by the trial court and the petitioner has been convicted for the offence punishable under section 31 of the Domestic Violence Act and sentenced to under 7 months RI with fine of Rs.20,000/- with usual default stipulation.

Counsel for the petitioner has contended that at the time of passing of judgment, the petitioner was not aware about the factum of filing or hearing of

NEUTRAL CITATION NO. 2025:MPHC-GWL:19352

2 CRR-3969-2025 appeal against him and he was not represented by any counsel before the appellate court and he was present at Bhopal. But from perusal of the judgment dated 6.8.2025, passed by the appellate court, it appears that the appellant was represented by his counsel Shri Ramkishore Sharma. Copy of the admission pass of Vindhyachal Bhawan has been filed in support of his contention, which contains the date as 30th July, 2025 whereas, the judgment was passed on 06.08.2025, therefore, this contention of the petitioner is also not acceptable.

In view of the aforesaid, this court is of the considered opinion that the appellate court has passed the judgment after hearing both the parties and the petitioner did not surrender before the appellate court at the time of passing of judgment of conviction by the appellate court. No sufficient reason has been assigned for non surrendering before the appellate court. Since the petitioner did

not surrender before the court below after his conviction and directly filed this criminal revision before this court, therefore, as per the provisions of Rule 48 Chapter 10 of the M.P. High Court Rules, this revision petition is not maintainable. Accordingly, this revision petition being not maintainable, is hereby dismissed.

A copy of this order be sent to the courts below for information and compliance.

CC as per rules.

(ANIL VERMA) JUDGE

Rks