( 2025:JHHC:29403 ) -1- Criminal Revision No. 203 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 203 of 2025 Narayan Yadav, aged about 45 years, S/o Late Bhikhi Mahto, R/o Village- Paphara, P.O. Jamu, P.S. Markacho, District- Koderma (Jharkhand) … Petitioner -Versus- 1. State of Jharkhand 2. The Officer In Charge of Mandu Police Station at Madu, P.O. & P.S. Mandu, District- Ramgarh, Jharkhand … Opposite Parties ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Rajesh Kumar, A.P.P. ----- 09/23.09.2025 Heard Mr. Kripa Shankar Nanda, learned counsel appearing for the petitioner and Mr. Rajesh Kumar, learned counsel appearing for the State. 2. This criminal revision petition has been preferred for setting-aside the order dated 07.01.2025 passed by the learned Additional Chief Judicial Magistrate, Ramgarh in M.C.A. No.2132/2024, arising out of Mandu P.S. Case No.237/2024, registered for the offence under Sections 317(5), 3(5) of Bharatiya Nyaya Sanhita, 2023 and under Section 30(ii) of Coal Mines Act, whereby, the learned Court has been pleased to reject the prayer of the petitioner with regard to release his vehicle being Truck bearing Registration No.JH-12E-7410. 3. In the present petition, the petitioner has directly approached this Court against the order passed by the learned Additional Chief Judicial Magistrate, Ramgarh 4. The scope and ambit of Section 397 of the Cr.P.C. is not only confined to the correctness or legality of the order but also to its propriety. Both the Courts of Sessions and 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 said Code 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 ( 2025:JHHC:29403 ) -2- Criminal Revision No. 203 of 2025 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. Nothing special has been stated in this petition disclosing how this petition has been directly filed before the High Court. This aspect of the matter has already been decided by this Court by a reasoned order in the case of Dharam Kumar Saw @ Dharam Kr. Gupta and others v. The State of Jharkhand and another in Criminal Revision No.417 of 2023, vide order dated 11.09.2025. 5. In view of the above, this Court is not inclined to interfere with the impugned order passed by the learned Additional Chief Judicial Magistrate, Ramgarh as no special and exceptional reasons have been assigned for filing this criminal revision petition directly in this Court. 6. Consequently, this criminal revision petition is dismissed. 7. 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: 23rd September, 2025 Ajay/