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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Dharam Kumar Saw @ Dharam Kr. Gupta son of Ritlal Sao – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. introduction of petition and its context. (Para 1 , 2) |
| 2. arguments regarding jurisdiction and maintainability. (Para 3 , 4) |
| 3. court's observations on the appellate process. (Para 5 , 6 , 11) |
| 4. discretionary power of the high court in revisional jurisdiction. (Para 7 , 10) |
| 5. propriety of judicial proceedings and jurisdiction. (Para 12 , 19) |
| 6. conclusion dismissing the revision petition with conditions. (Para 22 , 23 , 24) |
JUDGEMNT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Gaurav Kumar, learned counsel for the petitioners, Mr. Sanjay Kumar Srivastava, learned counsel for the State and Mr. Ranjan Kumar Singh, learned counsel for opposite party no.2.
2. This criminal revision petition has been preferred challenging the order dated 25.02.2023 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in connection with Complaint Case No.1581 of 2014, in which, the learned Court has been pleased to reject the petition dated 24.11.2017 filed by the petitioners under Section 245 of the Code of Criminal Procedure (hereinafter to be referred to as “the Code”) for discharge.
3. Learned counsel for the petitioners tried to convince the Court on merit, however the Court has put
The court emphasized the procedural propriety requiring litigants to first approach subordinate courts before the High Court unless exceptional circumstances justify bypassing this route.
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
Magistrate's rejection of Section 156(3) CrPC application is final order, revisable under Section 397 CrPC before Sessions Court; writ under Article 226 not entertained due to efficacious alternate r....
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
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