CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.61 OF 2012 VIVEK RAI & ANR. VERSUS HIGH COURT OF JHARKHAND THROUGH REGISTRAR GENERAL & ORS.

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO.61 OF 2012

VIVEK RAI & ANR. …PETITIONERS

VERSUS

HIGH COURT OF JHARKHAND

THROUGH REGISTRAR GENERAL & ORS. …RESPONDENTS

Case of the petitioners is that they have been convicted and sentenced under Section 498-A of the Indian Penal Code (“IPC”) and Sections 3 and 4 of the Dowry Prohibition Act. Against the said conviction and sentence, their appeal has been dismissed and revision petition was filed before the High Court but the same was not registered on account of impugned Rule 159 as they failed to surrender to custody. It is submitted that this Rule is in conflict with the provisions of Criminal Procedure Code dealing with the statutory revisional jurisdiction of the High Court and even in a fit case, the High Court cannot consider the revision petition and grant bail unless a convicted person covered by the Rules surrenders to custody. The Rule being subordinate legislation could not militate against the substantive statutory provision. Since the Division Bench of the High Court has upheld the validity of the Rule and the special leave petition was dismissed by this Court against the said judgment, the petitioners have no other remedy except to approach this Court under Article 32 as their fundamental rights under Articles 14 and 21 are affected….read more