Keshav And Others vs State Of Madhya Pradesh

Amit Seth, J

The instant criminal revision under Sections 397, 401 of the Code of Criminal Procedure, 1973/Sections 438, 442 of BNSS, 2023, has been filed against the judgment dated 07.04.2026 passed by the First Additional Sessions Judge, Sabalgarh, District Morena, in Criminal Appeal No.175/2023, affirming the judgment dated 01.07.2023 passed by the Judicial Magistrate First Class, Sabalgarh, District Morena, in Case No.RCT 600203/2012, whereby the applicants have been convicted under Section 325 r/w Section 34 of IPC and sentenced to undergo one year's RI with a fine of Rs.1,000/-, with default stipulations.

An office objection has been raised as regards the maintainability of the instant criminal revision filed against the appellate order affirming the conviction without the applicants having surrendered. In view of the provisions contained in Chapter 10 Rule 48 of the Madhya Pradesh High Court Rules, 2008, which have been considered by the Apex Court in the case of Daulat Singh Vs. The State of Madhya Pradesh passed in Special Leave Petition (Criminal) Diary No.20900/2024, decided on 30/07/2024.

Chapter 10 Rule 48 of the M.P. High Court Rules reads as under:-

"48. A memorandum of appeal or revision petition against conviction. except in cases where the sentence has been suspended by the Court below, shall contain a declaration to the effect that the convicted person is in custody or has surrendered after the conviction.

Where the sentence has been so suspended, the factum of such suspension and its period shall be stated in the memorandum of appeal or revision petition, as also in the application under section 389 of the Code of Criminal Procedure, 1973 (Section 430 of BNSS, 2023).

An application under section 389 of the Code of Criminal Procedure. 1973 (430 of BNSS, 2023) shall, as far as possible, be in Format No. 11 and shall be accompanied by an affidavit of the applicant or some other person acquainted with the facts of the case."

Thus, there is statutory requirement for filing of the criminal revision against conviction after surrendering which cannot be exempted and therefore, this criminal revision is not maintainable and is hereby dismissed.

However, liberty is reserved in favour of the applicants to file afresh in accordance with law after surrendering.

Certified copy of the impugned judgment be returned to the applicants after retaining a photocopy of the same on record.