(2026:JHHC:19243) 1 Cr. M.P. No.1874 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1874 of 2026 ------ Mitesh Hansda, S/o Samir Hansda, aged about 36 years, R/o Village Dhamna, P.O. Gando, P.S. Dumka (M), District- Dumka, Jharkhand- 814119 … Petitioner Versus 1. The State of Jharkhand 2. Informant, aged about ……., R/o ……. … Opposite Parties ------ For the Petitioner : Mr. Shubhashis Rasik Soren, Advocate Ms. Mrinalini Adela Tete, Advocate Ms. Preeti Hembrom, Advocate Ms. Shobha Gloria Lakra, Advocate Ms. Singi Sharon Demta, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. P.P. For the O.P. No.2 : Mrs. Jasvindar Mazumdar, Advocate Mr. Aniket Jaiswal, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the order dated 02.05.2026 passed by the learned C.J.M., Dumka whereby and where under the proclamation under Section 82 of Cr.P.C. has been issued in connection with Dumka Town P.S. Case No.45 of 2026 registered for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. (2026:JHHC:19243) 2 Cr. M.P. No.1874 of 2026 3. Learned counsel for the petitioner submits that since the case is instituted for the offence under the penal provisions of the Bharatiya Nyaya Sanhita, 2023, the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 is attracted in this case. So, the learned C.J.M., Dumka has committed an illegality by committing process under Section 82 of Cr.P.C. vide order dated 02.05.2026, 4. Learned Addl. P. P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand submit that the order dated 02.05.2026 passed in connection with Dumka Town P.S. Case No.45 of 2026 be treated as an order under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and there being no illegality in the impugned order, this Cr.M.P., being without any merit, be dismissed. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the Section 4 of Bharatiya Nagarik Suraksha Sanhita, 2023 envisages that all the offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has repealed the Code of Criminal Procedure. Since undisputedly the case has been registered in respect of the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023, the learned C.J.M., Dumka has committed an illegality by passing the order dated 02.05.2026 in exercise of the power under Section 82 of (2026:JHHC:19243) 3 Cr. M.P. No.1874 of 2026 Cr.P.C. instead of exercising the power under the relevant provision of Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Accordingly, the impugned order dated 02.05.2026 passed by the learned C.J.M., Dumka in connection with Dumka Town P.S. Case No.45 of 2026 is not sustainable in law and the same is liable to be quashed and set aside. 7. Accordingly, the impugned order dated 02.05.2026 passed by the learned C.J.M., Dumka in connection with Dumka Town P.S. Case No.45 of 2026 is quashed and set aside. 8. The learned C.J.M., Dumka may pass a fresh order in accordance with law. 9. Accordingly, this Cr.M.P. stands allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 01st of July, 2026 AFR/ Animesh Uploaded on- 02/07/2026