2025:JHHC:30992 -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 881 of 2025 Santosh Kumar, aged about 64 years, son of Ishwari Prasad, resident of Sahdeo Nagar, Habsi Camp, Post Office-Hehal, P.S. – Sukhdeonagar, District- Ranchi … Petitioner -Versus- Central Bureau of Investigation … Opposite Party ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Nilesh Kumar, Advocate Mr. Ayush Kr. Verma, Advocate For the CBI : Mr. Prashant Pallav, Spl. P.P. for CBI ----- 05/07.10.2025 Heard learned counsel appearing for the petitioner and learned counsel appearing for the CBI. 2. This criminal revision petition has been preferred against the order dated 14.06.2024, by which, discharge application preferred by the petitioner under Section 239 of Cr.P.C. in connection with RC Case No.4(S)/2011 AHD-R filed vide Miscellaneous Criminal Application No.2979/2022 has been rejected by learned Special Magistrate, C.B.I. Ranchi. 3. Learned counsel appearing for the petitioner submits that the learned Court has not considered entire aspects of the matter and rejected the discharge petition filed by the petitioner and in view of that, this petition has been preferred. 4. On query by the Court why this petition has been straight way filed before the High Court without moving before the learned Sessions Judge, learned counsel appearing for the petitioner submits that concurrent jurisdiction is there of both the Courts and in view of that, this petition has been preferred directly before the High Court. 5. The scope and ambit of Sections 438 and 442 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 are not only confined to the correctness or legality of the order but also to its propriety. Both the Courts of Sessions and 2025:JHHC:30992 -2- Magistrate are inferior to the High Court and Courts of Judicial Magistrate are inferior to the Court of Sessions Judge. When an order is passed by the learned Sessions Judge, the only remedy left with the aggrieved party is to approach the High Court under the BNSS to question correctness, legality or propriety, but when the same is passed by a Magistrate, though power lies to both the Sessions and 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. 6. This aspect of the matter has been elaborately decided by this Court in Criminal Revision No.417 of 2023, vide judgment dated 11.09.2025. 7. In view of the above and since straightway this petition has been filed before the High Court and what are the special circumstances of filing the present petition before the High Court, are not disclosed in this petition and in that view of the matter, this criminal revision petition is dismissed. 8. However, the petitioner is at liberty to file fresh revision petition before the learned Sessions Judge and in that event the period taken during this revision petition will not come in the way for the purpose of limitation. The ground/plea taken by the petitioner herein, will be considered by the learned Sessions Judge. (Sanjay Kumar Dwivedi, J.) Dated: 7th October, 2025 R.Kumar/