[2026:JHHC:19368] 1 Cr. M.P. No.1907 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1907 of 2026 ------ 1. Md. Yusuf Khan @ Yusuf Khan, aged about 37 years, son of Hazi Yasin Khan @ Yashin Khan. 2. Md. Irfan Khan, aged about 53 years, son of Late Hemile Khan. Both resident of Chandni Maidan, Kantatoli, P.O. and P.S. Lower Bazar, District Ranchi, Jharkhand. 3. Md. Shanawaz Kuraishi @ Shahnawaz Quraishi, aged aobut 35 years, son of Guddu Kuraishi @ Guddu Quraishi. 4. Md. Hasmuddin Kuraishi @ Guddu Kuraish @ Md. Hassimuddin @ Guddu Quraishi, aged about 58 years, son of Md. Ali @ Mohammad Ali. Both resident of Ramzan Colony, Kantatoli, P.O. and P.S. Lower Bazar, District Ranchi, Jharkhand. … Petitioners Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Jitendra S. Singh, Sr. Advocate Mr. Rajiv Ranjan, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. For the Informant : Mr. Soumitra Baroi, Advocate Mr. Rakesh Kumar No.2, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- I.A. No. 8634 of 2026 1. Heard the parties. [2026:JHHC:19368] 2 Cr. M.P. No.1907 of 2026 2. Learned senior counsel for the petitioners submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition. 3. Since the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.) Cr.M.P. No.1907 of 2026 1. 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 21.05.2026 passed by the learned Additional Judicial Commissioner-II- cum-Special Judge, SC/ST (POA), Ranchi in connection with Lalpur P.S. Case No. 325 of 2025 registered for the offences punishable under Sections 324(4), 351(2), 352, 191(3), 191(2) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act whereby and where under the process under Section 82 of the Code of Criminal Procedure has been issued against the petitioners. 3. Learned senior counsel for the petitioners relies upon the judgment of this Court in the case of Abhishek Kumar Bhardwaj @ Abhishek Kumar Singh vs. The State of Jharkhand reported in 2026:JHHC:9298 and submits that therein, this Court taking into [2026:JHHC:19368] 3 Cr. M.P. No.1907 of 2026 consideration the requirement of Sections 4 and 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as the offences involved in that case was in respect of the penal provisions of the Bharatiya Nyaya Sanhita, 2023, has held that the procedure, which is to be adopted by the trial court, is the ones specified in the Bharatiya Nagarik Suraksha Sanhita, 2023 but since the impugned order has been passed in exercise of the power under Section 82 of the Code of Criminal Procedure in respect of the offences punishable under the penal provisions of the Bharatiya Nyaya Sanhita, 2023; hence, the same is not sustainable in law. Therefore, it is submitted that the order dated 21.05.2026 passed by the learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST (POA), Ranchi in connection with Lalpur P.S. Case No. 325 of 2025, be quashed and set aside. 4. The learned Special Public Prosecutor on the other hand opposes the prayer and submits that the impugned order be treated as the one having been passed in exercise of the power under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and as otherwise there is no illegality in the impugned order, hence, 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, this Court has no hesitation in holding that in view of Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of the offences under the penal provisions of the Bharatiya Nyaya Sanhita, 2023, inter alia the [2026:JHHC:19368] 4 Cr. M.P. No.1907 of 2026 procedure to be adopted for trial and otherwise to deal with the case, is the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. Undisputedly, in this case, the offences involved are punishable under the penal provisions of Bharatiya Nyaya Sanhita, 2023. 6. Under such circumstances, this Court has no hesitation in holding that since the First Information Report having been registered for the offences under the penal provisions of the Bharatiya Nyaya Sanhita, 2023, hence, the learned Additional Judicial Commissioner-II- cum-Special Judge, SC/ST (POA), Ranchi has committed a grave illegality by passing the impugned order dated 21.05.2026 in connection with Lalpur P.S. Case No. 325 of 2025 under Section 82 of the Code of Criminal Procedure. Accordingly, the impugned order is not sustainable in law. Hence, this Court is of the considered view that this is a fit case where the order dated 21.05.2026 passed by the learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST (POA), Ranchi in connection with Lalpur P.S. Case No. 325 of 2025, be quashed and set aside. 7. Accordingly, the order dated 21.05.2026 passed by the learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST (POA), Ranchi in connection with Lalpur P.S. Case No. 325 of 2025, is quashed and set aside. 8. The learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST (POA), Ranchi may pass a fresh order in accordance with law. [2026:JHHC:19368] 5 Cr. M.P. No.1907 of 2026 9. In the result, this Criminal Miscellaneous Petition is allowed to the aforesaid extent only. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 02nd of July, 2026 AFR/ Saroj Uploaded on 03/07/2026