A criminal revision application can become infructuous if the case progresses to a stage where the discharge petition is no longer applicable.

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 Criminal Revision may be allowed.

4. In support of his contention, learned counsel for the petitioner has relied upon judgments passed by this High Court in certain cases, which are as follows:-

(i) Sachidanand Sharma Versus State of Jharkhand and Another , reported in 2024 SCC OnLine Jhar 191,

(ii) Robin Thomas Versus The State of Jharkhand & Anr. in Cr.M.P. No. 1040 of 2015

5. On the other hand, learned A.P.P. has submitted that the impugned order is fit and proper and no interference is required from this Court.

6. Learned counsel for the O.P. No.2, after adopting the submission of the learned A.P.P., has submitted that the charges have already been framed and witnesses have been examined and even the statement of the accused, i.e. the petitioner has been recorded under 313 Cr.P.C. It is further submitted that the Complainant has concluded his argument and the case is fixed for argument from the defence side and hence, there is no merit in this Criminal Revision Application and the same may be dismissed.

7. Having heard learned counsel for both sides, it appears that petitioner has challenged the impugned order by which the discharge petition of the petitioner has been rejected by the learned Court below.

8. It appears from the submission of the learned counsel for the parties that all the witnesses have been examined and even the accused, i.e. the petitioner has been examined under Section 313 Cr.P.C. and argument has been concluded by the Complainant side in the learned Court below.

9. Under the circumstances, this Court finds that the Criminal Revision Application has become infructuous.

10. Thus, this Criminal Revision No. 681 of 2023 is dismissed having become infructuous.