1 Cr. Revision No. 763 of 2025 2025:JHHC:31368 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- Cr. Revision No. 763 of 2025 ---- Raja aged about 27 years son of late Ram Pravesh Singh, resident of H.No.167 Village Chauparan, PO and PS Chauparan, District Hazaribagh Jharkhand …… …. .... Petitioner(s) -- Versus -- The State of Jharkhand …… ….. .... Opp. Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ---- For the Petitioner(s) :- Ms Neha Bhardwaj, Advocate For the State :- Mr. Satish Prasad, Advocate ---- 4/10.10.2025 Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the respondent State. 2. This criminal revision petition has been preferred against the order dated 17.06.2025 passed in MCA No.1186 of 2025 by learned Judicial Magistrate First Class, Ramgarh, in connection with Gola PS Caes No.48 of 2025 whereby the application filed by the petitioner for release of vehicle in question has been rejected by the learned court. 3. On query made by this Court to the petitioner as to why straightway this petition has been filed before the High Court, without approaching the learned Sessions Judge, the learned counsel appearing on behalf of the petitioner submits that both the learned court are having 2 Cr. Revision No. 763 of 2025 the concurrent jurisdiction and in view of that, this petition has been preferred before the High Court. 4. This aspect of the matter has been elaborately dealt with by this Court in Criminal Revision No.417 of 2023 wherein the order has been passed vide order dated 11.9.2025 and in that case, it has been held that section 438 and 442 of Bhartiya Nagrik Suraksha Sanhita, 2023 corresponding to section 397 of CrPC are not only confined to correctness or legality of the order but also its propriety. Both the learned courts of learned Magistrate and the court of leaned Sessions Judge are inferior to the High Court, and the court of learned Magistrate is inferior to the court of leaned Sessions Judge. If the order has been passed by the learned Sessions Judge, then only, the remedy is left with the aggrieved party to approach the High Court under the said Sanhita or the Code to question the correctness, legality or propriety and when the same is passed by the learned Magistrate the power lies before both the court of learned Sessions Judge as well as the High Court but as a matter of prudence and propriety, it will be appropriate to first approach the first forum and except in rare and special circumstances to the High Court. Such special circumstances may be where the Sessions Judge has directly or indirectly participated in the enquiry or investigation or trial or through his any action or order interest of justice demands that High Court alone should interfere in the order of the learned Magistrate. When concurrent jurisdiction is given specially under such circumstances when both are superior Courts, then the propriety demands that elder superior Court in Hierarchy must be first approached. This is the customary common law as 3 Cr. Revision No. 763 of 2025 the first elders are always respected. 5. In view of the above the Court is not inclined to interfere with the order passed by the learned Judicial Magistrate as the case has been filed here without first approaching the next higher court i.e. the court of learned Sessions Judge and further no special or exceptional circumstance or reasons are taken for filing the criminal revision petition directly before this Court, and consequently, this criminal revision petition is, hereby, dismissed. 6. However, the petitioner is put at liberty to file a fresh revision petition before the learned Sessions Judge and in that event, the period consumed in pursuing this revision petition, that will not come in the way for the purpose of limitation. 7. The grounds/plea taken by the petitioner herein will be considered by the learned Sessions Judge. 8. Pending petition if any is also stands disposed of. 9. Seeing the nature of prayer in the application, the petitioner is directed to cooperate and if any revision petition is filed by the petitioner before the learned Sessions Judge, that will be decided expeditiously by the learned Sessions Judge. ( Sanjay Kumar Dwivedi, J.) Dated : 10th Oct.,2025 SI/