Shailendra Kumar Mandal vs State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Jhk) 1013

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD, J.
Shailendra Kumar Mandal – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vikash Kumar, Advocate
For the Opposite Party :Mr. Sanjay Kr. Srivastava, A.P.P., Mr. Anjani Kumar, Advocate

JUDGMENT :

SANJAY PRASAD, J.

This Criminal Revision Application has been filed on behalf of the petitioner challenging the ‘Order’ dated 15.05.2023, passed by the learned Chief Judicial Magistrate, Khunti in G.R. Case No. 473 of 2016, arising out of Khunti P.S. Case No. 149 of 2016 by which the learned Court below has dismissed the petition under Section 239 Cr.P.C. for discharge and the said case is presently pending before the said learned Court below

2. Heard Mr. Vikash Kumar, learned counsel for the petitioner, Mr. S.K. Srivastava, learned A.P.P. and Mr. Anjani Kumar, learned counsel for O.P. No.2.

3. Learned counsel for the petitioner has submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law. It is submitted that this is a case of Civil dispute and as such the dismissal of the Discharge Petition by the learned Court below was illegal. It is further submitted that when the foundation of the case is wrong, then the entire subsequent proceeding is illegal even if the charges have been framed and the accused has been examined under Section 313 Cr.P.C., hence, the impugned order may be set aside and the Crimi