Extracted from the PDF above. The PDF is authoritative.
1 Cr. Revision No. 960 of 2024
2025:JHHC:27764
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr. Revision No. 960 of 2024
---- Shambhu Khandelwal aged about 39 years son of Bijay Khandelwal resident of Badam Bazar Near Mahabir Asthan PO Sadar PS Sadar (Lohsinghna), Hazaribagh
…… …. .... Petitioner(s) -- Versus --
1.The State of Jharkhand
2.Depputy Commissioner, Commercial Taxes, Hazribag Circle, PO and PS Sadar, District Hazaribag
……. …… .... Opp. Parties
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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner(s) :- Mr. H.K. Shikarwar, Advocate
For the State
:- Mr. Pankaj Kumar, Public Prosecutor
---- 8/11.09.2025 The instant criminal revision petition has been filed for setting aside the
order dated 25.06.2024 passed by learned Chief Judicial Magistrate, Hazaribagh whereby the learned court has been pleased to refuse to discharge the petitioner in connection with Sadar (Lohsinghna) P.S. Case No.773 of 2016 dated 16.09.2016, corresponding to G.R. No.2577 of 2016 registered under sections 406, 420, 467, 468, 424, 471 IPC and section 84(3)/84(7) of Jharkhand Commercial Taxes Act and the matter is pending in the court of learned Chief Judicial Magistrate, Hazaribag.
2. The learned counsel for the petitioner has tried to address the Court on merits, however, the Court has put a question upon the learned counsel for the petitioner as to why the petitioner has not moved before the learned Sessions Judge as the order is of the learned Chief Judicial Magistrate, Hazaribagh has been questioned and the learned Sessions Judge is having the jurisdiction of revision. The learned counsel for the petitioner submits that both the courts are having the jurisdiction and in view of that, the revision petition has been preferred before this Court and apart from that, no exceptional circumstances has been shown or argued on behalf of the petitioner and for the aforesaid
2 Cr. Revision No. 960 of 2024
reasons the petitioner has approached the High Court directly.
3. This aspect of the matter has already been decided in three of the cases by this Court being, Criminal Revision No.417 of 2023, Criminal Revision No.675 of 2024 and Criminal Revision No.174 of 2025 and in that view of that matter, the petitioner is required to move before the learned Sessions Judge at the first instance, and in being so, the petitioner is having the additional one more opportunity to move before the High Court, if any illegality or injustice is done under Section 528 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
4. In view of above, this petition is dismissed with liberty to, if so advised, he may move before the learned Sessions Judge, and the period of time consumed during the pendency of the instant revision petition, will not come in the way for the purpose of limitation.
5. Since the interim protection has already been granted, the said interim protection will remain operational for one month further.
( Sanjay Kumar Dwivedi, J.)
SI/