Mahesh Kumar Saini Vs. State

Mahesh Kumar Saini vs State

Disposition Misc. crl. case rejected Court Madhya Pradesh Decided Nov 28, 2001

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Citation: sooperkanoon.com/509270
Court: Madhya Pradesh High Court
Judge: N.S. Azad, J.
Decided On: Nov 28, 2001
Case Number: Misc. Criminal Case No. 6318/2001
Subject: Criminal
Disposition: Misc. crl. case rejected

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Misc. crl. case rejected
Acts & sections: Code of Criminal Procedure (CrPC) , 1974 - Sections 205 and 482; ;Indian Penal Code (IPC), 1860 - Sections 34, 147, 148, 325 and 506

Parties & Advocates

Appellant / Petitioner

Mahesh Kumar Saini

Advocate Deepak Pendarkar, Adv.

Respondent

State

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1974 - Sections 205 and 482; ;Indian Penal Code (IPC), 1860 - Sections 34, 147, 148, 325 and 506
Cases Referred: Akram and Anr. v. State of M.P.
Reported In: 2002(1)MPHT25

Excerpt

- ordern.s. azad, j.1. heard.2. this petitioner is facing criminal trial no. 514/99 in the court of cjm, hoshangabad, for offences punishable under sections 147,148,325 and 506 read with section 34 of the ipc, on a police report filed on 13th july, 1999. by order dated 4th september, 2001, the learned cjm has disallowed and rejected the petitioner's applications filed for seeking exemption under section 205 of the cr.pc. criminal revision filed to challenge the aforesaid order of cjm, which was registered as crime no. 104/2001, also stood disallowed and rejected by first addl. sessions judge, hoshangabad, on 7th of november, 2001.3. now it is submitted by shri pcndarkar that the application seeking exemption from attendance in court should not be disallowed or rejected, so far as petty offences are concerned. in support of his argument he has invited the court's attention to akram and anr. v. state of m.p., reported in 2001(1) m.p.h.t. page no. 3, which pertains to offence punishable under section 66 of the motor vehicles act.4. a perusal of order passed by first addl. sessions judge discloses that this petitioner obtained passport by concealing the fact of pendency of the aforesaid criminal case no. 114 of 99 against him and hence the revisional court found the order passed by cjm to be proper.5. remedy provided under section 482 of the code of criminal procedure is not available to challenge interlocutory orders and neither i find it to be a case of miscarriage of justice nor that of perversity and hence, this petition does not merit, which is accordingly disallowed and rejected.6. misc. criminal case rejected.

Full Judgment

ORDER

N.S. Azad, J.

1. Heard.

2. This petitioner is facing Criminal Trial No. 514/99 in the Court of CJM, Hoshangabad, for offences punishable under Sections 147,148,325 and 506 read with Section 34 of the IPC, on a police report filed on 13th July, 1999. By order dated 4th September, 2001, the learned CJM has disallowed and rejected the petitioner's applications filed for seeking exemption under Section 205 of the Cr.PC. Criminal Revision filed to challenge the aforesaid order of CJM, which was registered as Crime No. 104/2001, also stood disallowed and rejected by First Addl. Sessions Judge, Hoshangabad, on 7th of November, 2001.

3. Now it is submitted by Shri Pcndarkar that the application seeking exemption from attendance in Court should not be disallowed or rejected, so far as petty offences are concerned. In support of his argument he has invited the Court's attention to Akram and Anr. v. State of M.P., reported in 2001(1) M.P.H.T. page No. 3, which pertains to offence punishable under Section 66 of the Motor Vehicles Act.

4. A perusal of order passed by First Addl. Sessions Judge discloses that this petitioner obtained passport by concealing the fact of pendency of the aforesaid Criminal Case No. 114 of 99 against him and hence the Revisional Court found the order passed by CJM to be proper.

5. Remedy provided under Section 482 of the Code of Criminal Procedure is not available to challenge interlocutory orders and neither I find it to be a case of miscarriage of justice nor that of perversity and hence, this petition does not merit, which is accordingly disallowed and rejected.

6. Misc. Criminal Case rejected.

Same Court & Year Madhya Pradesh · 2001 Same Parties Mahesh Kumar Saini vs State Same Subject Criminal Same Judge N.S. Azad, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1974 - Sections 205 and 4...

Criminal