High CourtsSingle Bench(2001) 11 MP CK 0068

Mahesh Kumar Saini vs State

Madhya Pradesh High Court · Decided on 28 November 2001 · Citation: (2002) 1 MPHT 25

HON’BLE JUDGES
N.S. Azad, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 6318 of 2001

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Judgment

6 paragraphs · 263 words

N.S. Azad, J.—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 u/s 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 another Vs. State of M.P., S, which pertains to offence punishable u/s 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 u/s 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.