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2026 DAILYLAW 12686 (JHR)

RAHUL VISHWAKARMA v. THE STATE OF JHARKHAND

Cr.Rev./1058/2022 · 2026-05-11

Pradeep Kumar Srivastava

body2026

Judgment text

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( 2026:JHHC:14752 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 1058 of 2022 ------ 1. Rahul Vishwakarma @ Rahul Kumar, S/o Ravindar Vishwakarma, age about 20 years, r/o Kumhardih, Gobindpur, PO &PS Gobindpur, Dist. Dhanbad, Jharkhand 2. Ravindra Kumar Vishwakarma,s/o Gobardhan Lohar, aged about 52 years, r/o Kumhardih,, Gobindpur, PO &PS Gobindpur Dist. Dhanbad, Jharkhand 3. Paras Vishwakarma @ Paras Pravin, s/o Praduman Vishwakarma, aged about 36 years, r/o Kumhardih, Gobindpur PO&PS Gobindpur, Dist. Dhanbad, Jharkhand 4. Subham Kumar, s/o Arbind Vishwarkarma aged about 20 years, r/o Kumardih, Gobindpur, PO & PS Gobindpur, Dhanbad, Jharkhand … …. …. Petitioners Versus State of Jharkhand .... .... .... Opp. Parties CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------ For the Petitioners : None For the State : Mr. Shailesh Kr. Sinha, APP For the Informant : Mr. Binod Kr. Jha, Advocate ------ Order No.05/Dated: 11.05.2026 Criminal Revision is directed against the order dated 28.7.2022 passed in SC/ST Case No. 31 of 2021. In this case charge-sheet has been submitted for the offence under Section 376(1)/341/342/323/504/34 of the IPC and Section 3(2) (v) of the SC/ST (Prevention of Atrocities) Act and Section 4 of the POCSO Act. Special Judge POCSO Act, found that the victim was aged about 20 years at the relevant time of occurrence, therefore provision of POSCO Act is not applicable and the case was transferred to the Special Court SC/ST Act. Petitioners filed an application under Section 227 of the Cr.P.C for their discharge which has been rejected by the impugned order. 2 ( 2026:JHHC:14752 ) Learned APP submits that in view of specific provisions of Section 14A of the Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act,1984, revision application is not maintainable rather an appeal would lie against the impugned order. In view of above point raised by the learned APP it appears that no step has been taken on behalf of the petitioners and as such this revision is still not admitted and pending since 2022. Therefore, I am of the opinion that petitioners are not taking any proper steps in converting this revision which is also not maintainable under law as not maintainable. Accordingly, the instant criminal revision application stands dismissed. Interim order is running stands vacated. (Pradeep Kumar Srivastava, J.) Anjali/