Jharkhand High Court
Mayank Bothra vs The State Of Jharkhand on 7 October, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
2025:JHHC:31007
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 958 of 2025
Mayank Bothra, aged about 38 years, son of late Ganesh Prasad Bothra,
resident of 11/3/1 Kali Prasad Chakraborty Lane, Sreerupa Cinema Hall, P.O.,
P.S. & District-Howrah, West Bengal. ... Petitioner
-Versus-
1. The State of Jharkhand
2. Ashish Kumar Gupta, son of Chhotelal Gupta, resident of House No. 336,
Ward No. 12, Goushala, Nala Road, Kachahari Mohalla, Jugsalai, P.O. and
P.S.- Jugsalai, Jamshedpur, District- East Singhbhum (Jharkhand)
... Opposite Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioner : Mr. Shivam Kumar, Advocate
Mr. Vibhor Mayank, Advocate, through V.C.
For the State : Mr. Pankaj Kumar, P.P.
For the O.P. No.2 : Mr. Rohit Sinha, Advocate
-----
05/07.10.2025 Heard learned counsel appearing for the petitioner and learned counsel
appearing for State and O.P. No.2.
2. This criminal revision petition has been preferred against the order
dated 07.05.2025 passed by learned Chief Judicial Magistrate, Jamshedpur,
whereby the discharge petition has been rejected, filed vide Mis. Cri.
Application No. 4996/2024 in connection with Bistupur P.S. Case No. 51 of
2022 dated 08.03.2022 (corresponding to G.R. No. 136 of 2023) registered
for the alleged commission of offences u/s 406, 420, 467, 468, 471, 120-B,
34 IPC, pending before learned Chief Judicial Magistrate, Jamshedpur.
3. Learned counsel appearing for the petitioner submits that the learned
Court has not considered entire aspects of the matter and rejected the
discharge petition filed by the petitioner and in view of that, this petition has
been preferred.
4. On query by the Court why this petition has been straight way filed
before the High Court without moving before the learned Sessions Judge,
2025:JHHC:31007
learned counsel appearing for the petitioner submits that concurrent
jurisdiction is there of both the Courts and in view of that, this petition has
been preferred directly before the High Court.
5. The scope and ambit of Sections 438 and 442 of the Bharatiya Nagrik
Suraksha Sanhita (BNSS), 2023 are not only confined to the correctness or
legality of the order but also to its propriety. Both the Courts of Sessions and
Magistrate are inferior to the High Court and Courts of Judicial Magistrate are
inferior to the Court of Sessions Judge. When an order is passed by the
learned Sessions Judge, the only remedy left with the aggrieved party is to
approach the High Court under the BNSS to question correctness, legality or
propriety, but when the same is passed by a Magistrate, though power lies to
both the Sessions and the High Court, but as a matter of prudence and
propriety, it will be appropriate to first approach the first forum and except in
rare and special circumstances to the High Court. Such special circumstances
may be where the Sessions Judge has directly or indirectly participated in the
enquiry or investigation or trial or through his any action or order interest of
justice demands that High Court alone should interfere in the order of the
learned Magistrate.
6. This aspect of the matter has been elaborately decided by this Court
in Criminal Revision No.417 of 2023, vide judgment dated 11.09.2025.
7. In view of the above and since straightway this petition has been filed
before the High Court and what are the special circumstances of filing the
present petition before the High Court, are not disclosed in this petition and
in that view of the matter, this criminal revision petition is dismissed. I.A.
petition, if any also stands disposed of.
2025:JHHC:31007
8. However, the petitioner is at liberty to file fresh revision petition before
the learned Sessions Judge and in that event the period taken during this
revision petition will not come in the way for the purpose of limitation. The
ground/plea taken by the petitioner herein, will be considered by the learned
Sessions Judge.
(Sanjay Kumar Dwivedi, J.)
Dated: 7th October, 2025
R.Kumar/
