Citation : 2023 Latest Caselaw 838 Raj/2
Judgement Date : 25 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 10534/2022
Ravi Sain @ Munga Son Of Shri Deepak, R/o Ward No. 9, near
Saboo School Pilani, police station Pilani, District Jhunjhunu
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Aniket Sharma for Mr. Damodar Prasad Pujari For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR Order 25/01/2023
Petitioner Ravi Sain @ Munga was convicted on a trial on
20.01.2021 by learned Additional Chief Judicial Magistrate, Pilani
vide judgment at Annexure-1. The petitioner challenged the
aforesaid conviction in criminal appeal No. 8/2021.
By the impugned order dated 18.02.2021 learned lower
appellate court refused to suspend the sentence awarded by
learned trial Judge.
An appeal would be maintainable under sub Section 2 of
Section 389 Cr.P.C. and not a petition under Section 482 Cr.P.C.,
therefore petitioner is permitted to get this criminal misc. petition
converted into a criminal appeal.
Registry is directed to register criminal misc petition as
criminal appeal.
For the statistic purpose instant petition stands disposed off.
(BIRENDRA KUMAR),J
ashu /20
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