Jiwan Jyoti Linda vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard Mr. A.K. Sahani, the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent State.

This criminal revision petition has been preferred against the order dated 03.10.2024 passed by learned Judicial Magistrate, First Class, Ranchi in C.P.No.1818 of 2023 whereby the learned court has been pleased to dismiss the complaint under section 203 Cr.P.C.

On query made by the Court about directly filing of the current revision petition before the High Court, Mr. Sahani, the learned counsel appearing on behalf of the petitioner submits that both the Courts are having jurisdiction and in view of that, the present criminal revision petition has been preferred directly before this Court.

Learned counsel appearing on behalf of the respondent State submits that there is no special circumstance disclosed in the petition to file this petition directly before the High Court and in view of that, the judgment of this Court passed in Criminal Revision No.417 of 2023 dated 11.09.2025, the petitioner is required to move before the learned Judicial Commissioner, Ranchi firstly.

Further, the scope and ambit of Section 397 of the Code is not only confined to the correctness or legality of the order but also to its propriety. Both the Courts of Sessions and Magistrate are inferior to the High Court and Courts of Judicial Magistrate are inferior to the Court of Sessions Judge. When an order is passed by the learned Sessions Judge, the only remedy left with the aggrieved party is to approach the High Court under the said Code to question correctness, legality or propriety, but when the same is passed by a Magistrate, though power lies to both the Sessions and the High Court, but as a matter of prudence and propriety, it will be appropriate to first approach the first forum and except in rare and special circumstances to the High Court. Such special circumstances may be where the Sessions Judge has directly or indirectly participated in the enquiry or investigation or trial or through his any action or order interest of justice demands that High Court alone should interfere in the order of the learned Magistrate.

There is no special circumstance disclosed in the petition of filing this petition directly before this Court and in view of that and further that the case of the petitioner is fully covered in light of the order passed by this Court in Criminal Revision No.417 of 2023, this petition is dismissed.

However, the petitioner is at liberty to file fresh petition before the learned Judicial Commissioner, Ranchi taking all the grounds and the learned judicial Commissioner, Ranchi will decide the same in accordance with law.

The time consumed herein in filing of the present criminal revision petition shall be considered by the learned court in deciding the limitation.

Office is directed to return the certified copy of the impugned order substituting the same by way of keeping the photocopy of the impugned order on record.

This criminal revision petition being Cr. Revision No. 937 of 2025 is dismissed with aforesaid liberty.