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2023 DIGILAW 348 (UTT)

Shubham Singhal v. High Court of Uttarakhand, Through the Registrar General

2023-05-26

RAKESH THAPLIYAL, VIPIN SANGHI

body2023
JUDGMENT : Vipin Sanghi, J. At the outset, Mr. Garg submits that there is a typing error in the prayer clause, inasmuch as, the rule number has been mentioned as ‘8’, whereas the same should be read as ‘18’. 2. We permit Mr. Garg to make the correction in the original record today itself, under his signatures. 3. Mr. Sah, who appears on advance notice, submits that in the judgment of the supreme Court, namely, Vivek Rai and another Vs. High Court of Jharkhand, (2015) 12 SCC 86 , relied upon by the petitioner himself, in para 25 of the petition, a similar rule framed by the Jharkhand High Court has been upheld by the Supreme Court. 4. Mr. Garg, placed his reliance on paras 10 and 11 of the said judgment, which have been quoted in para 25 of the petition. 5. Mr. Garg submits that the petitioner is giving up the challenge to the rule, but the rule cannot be read as taking away the inherent power of the Court to grant exemption from surrender; and the listing of the petition under Section 401 of Cr.P.C., cannot be denied when the petitioner moves an application for exemption from surrender. 6. In the light of the aforesaid, the submission of Mr. Sah that the challenge to the aforesaid rules has been rejected is correct. However, that does not take away the jurisdiction of the Court to consider the lesser relief, namely, the interpretation of the rules, so as to ensure that they do not impinge the fundamental right of the petitioner under Article 21 of the Constitution of India. 7. In the light of the judgment of the Supreme Court in Vivek Rai (supra), particularly, the observations made in paras 10 and 11 thereof, we hold that whenever a petitioner prefers a revision before this Court under Section 401 of Cr.P.C., and moves an application seeking exemption from surrender, the requisite of his providing the certificate of surrender would not be insisted upon by the Registry, and the petition would be entertained, and listed before the Court, for consideration of the matter along with the exemption application. 8. The petition stands disposed of in the aforesaid terms. 9. Interim Relief Application (IA No. 01 of 2023) also stands disposed of.