[2026:JHHC:19066] 1 Cr. M.P. No.1847 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1847 of 2026 ------ Sanju Devi, Aged about 36 years, W/O Anil Kumar, R/o Village – Kutipisi, Nayachak, P.O. + P.S.- Padma, District Hazaribagh, Jharkhand. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Gautam Kumar Pandey, Advocate For the State : Mrs. Kumari Rashmi, Addl.P.P. ------ 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 19.02.2026 passed by the learned Chief Judicial Magistrate, Jamshedpur in connection with Sakchi P.S. Case No. 01 of 2025 registered for the offences under Sections 406, 420 and 120B of the Indian Penal Code by which the learned Chief Judicial Magistrate, Jamshedpur issued the process under Section 82 of the Code of Criminal Procedure. 3. Learned counsel for the petitioner submits that since Sakchi P.S. Case No. 01 of 2025 was instituted on 03.01.2025, so, the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 is applicable to this case and as instead of the process being issued under Section 84 of the [2026:JHHC:19066] 2 Cr. M.P. No.1847 of 2026 Bharatiya Nagarik Suraksha Sanhita, 2023, the same has been issued under Section 82 of the Code of Criminal Procedure. Hence, it is submitted that the order dated 19.02.2026 passed by the learned Chief Judicial Magistrate, Jamshedpur in connection with Sakchi P.S. Case No. 01 of 2025, be quashed and set aside. 4. Learned Additional Public Prosecutor appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in this Criminal Miscellaneous Petition and submits that Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 envisages that all the offences under the Bharatiya Nyay Sanhita, 2023 shall be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 but since undisputedly, the First Information Report has been registered for the offences under the provisions of the Indian Penal Code and the same is not under challenge; so, no illegality has been committed by the learned Chief Judicial Magistrate, Jamshedpur in issuing the process under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Hence, it is submitted that this Criminal Miscellaneous Petition, 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 undisputed fact remains that the First Information Report has been registered in respect of the offences [2026:JHHC:19066] 3 Cr. M.P. No.1847 of 2026 under the provisions of the Indian Penal Code and the same is not under challenge. 6. Under such circumstances, in view of Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023; since the offences involved in this case are not under the provisions of the Bharatiya Nyay Sanhita, 2023, hence, no illegality has been committed by the learned Chief Judicial Magistrate, Jamshedpur in issuing the process under Section 82 of the Code of Criminal Procedure which corresponds to Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warranting interference of this Court in exercise of its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 30th of June, 2026 AFR/ Saroj Uploaded on 03/07/2026