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2026 DAILYLAW 928 (JHR)

AATIF EQBAL v. THE STATE OF JHARKHAND

Cr.Rev./747/2024 · 2026-03-23

Pradeep Kumar Srivastava

body2026

Judgment text

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2026:JHHC:8257 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 747 of 2024 ------ Aatif Eqbal, aged about 41 years, son of Late Md. Abbas, resident of : House No:1, Road No. 5, Jawahar Nagar, Mango, P.O. – Azad Nagar, P.S. – Mango, Jamshedpur, District – East Singhbhum. .... …. Petitioner Versus 1. The State of Jharkhand 2. Shabana Rahman, wife of Aatif Eqbal and daughter of Wakilur Rahman, resident of Flat No. 101, Block-C, 10th Floor, Santtosti Apartment, Bikrant Chowk, Church Road, P.O. – G.P.O., Ranchi, P.S. – Lower Bazar, District – Ranchi. .... .... Opp. Parties ------ Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------ For the Petitioner : Mr. A.K. Sahani, Advocate For the State : Mr. Azeemuddin, A.P.P. ------ Order No. 06 / Dated 23.03.2026 1. It appears that the instant criminal revision has been filed against the order dated 20.05.2024 passed by the learned Judicial Magistrate, 1st Class-XXIX, Ranchi in Misc. Criminal Application No. 5805 of 2022, arising out of Lower Bazar P.S. Case No. 97 of 2020 (G.R. No. 826 of 2021), whereby and whereunder the learned court has rejected the petition for discharge filed by the petitioner. 2. It further appears that the present criminal revision has been directly preferred before this Hon’ble Court without taking recourse before the Court of Judicial Commissioner, Ranchi. 3. Although there is no statutory bar on presenting the criminal revision directly before the High Court due to inherent jurisdiction as per the statute, but as a matter of fact that if the effective 2026:JHHC:8257 2 alternative remedy is available at the door step to the petitioner in the District Court, the petitioner has to go before the Judicial Commissioner, Ranchi and take proper recourse in filing revision before him. 4. After some argument, learned counsel for the petitioner submits that he wants to withdraw this criminal revision with liberty to file the same before the Court of Judicial Commissioner, Ranchi and the matter of limitation may be directed to be considered sympathetically. 5. Accordingly, this revision is dismissed as withdrawn with the aforesaid liberty with direction to the trial court that the time consumed during pendency of this revision before the High Court shall be taken into consideration at the time of admission of the criminal revision. (Pradeep Kumar Srivastava, J.) March 23, 2026 Sunil/ Uploaded on 25/03/2026