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( 2025:JHHC:38702 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.804 of 2024

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Shrawan Kumar, aged about 60 years, son of Sri Govind Lal,

Resident of Manitola, Pathar Road, near Kathpool, P.O. & P.S.-

Doranda, District-Ranchi.

… Petitioner

Versus

1. The State of Jharkhand

2. Dr. Rajendra Prasad Choudhary, son of Late Mahadeo Mahto,

Resident of Mohalla Shukla Colony, Hinoo, Sri Baidyanath

Apartment, P.O. & P.S.-Doranda, District-Ranchi.

… Opposite Parties

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For the Petitioner : Mr. Atanu Banerjee, Advocate

For the State : Ms. Kumari Rashmi, Addl.P.P.

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 482 of the Code of Criminal

Procedure with a prayer to quash and set aside the order dated 29.06.2022

passed in Criminal Revision No.144 of 2020 by the learned Additional

Judicial Commissioner-XXI, Ranchi whereby and where under learned

Additional Judicial Commissioner-XXI, Ranchi dismissed the said

criminal revision filed against the order dated 05.02.2020 passed by the

learned Judicial Magistrate, Ranchi in Misc. Criminal Application No.3156

of 2019 arising out of Complaint Case No.1702 of 2015 whereby and

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whereunder the learned Judicial Magistrate, Ranchi rejected the prayer of

the accused person for summoning Advocate Shri Jai Shankar Prasad as a

witness in the case and also to prove certain documents, the learned

Judicial Magistrate, Ranchi considered that the substance of acquisition

explained to the petitioner was under Section 500 of the Indian Penal

Code and the petitioner has been filed at least three different petitions all

the three petitions invoking the jurisdiction of the trial court under

Section 311 of the Cr.P.C. and as the case was at the stage of examination

of prosecution witness, the learned Judicial Magistrate, Ranchi observed

that the accused petitioner shall have adequate opportunity to place their

grievance at appropriate stage and rejected the petition. The learned

Additional Judicial Commissioner-XXI, Ranchi considered that the

Advocate Jai Shankar Prasad has not been cited as a witness in the

complaint and there is no whisper about Jai Shankar Prasad anywhere in

the complainant. It further considered that, the defence, though was given

several opportunities to adduce evidence, but did not adduce any

evidence and the documents sought to be proved were public documents,

therefore, there is no necessity of examination of any witness to get the

same exhibited and not finding any illegality in the impugned order

dismissed the Criminal Revision.

3. Learned counsel for the petitioner submits that both the orders

passed by the learned Original Court as well as the learned Revisional

Court are not legal and therefore are not sustainable in law. Hence, it is

submitted that the prayer as prayed for in this Cr.M.P., be allowed.

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4. Learned Addl.P.P. appearing for the State on the other hand

vehemently opposes the prayer of the petitioner made in the instant

Cr.M.P and submits that there is no illegality in the orders passed, as the

said Jai Shankar Prasad is a stranger to the case and nowhere there is any

averment in the complaint regarding him nor it has been mentioned in the

petition under Section 311 of the Cr.P.C. for what purpose, the

examination of Advocate Jai Shankar Prasad is relevant, for the just

decision of the case. Therefore, it is submitted that this Cr.M.P., being

without any merit, be dismissed.

5. Having heard the rival submissions made at the Bar and after

carefully going through the materials available in the record, it is

pertinent to mention here that it is a settled principle of law as has been

reiterated by the Hon’ble Supreme Court of India in the case of Ratanlal

vs. Prahlad Jat & Others reported in (2017) 9 SCC 340 that the power

under Section 311 Cr.P.C. must be exercised