SHREE KUMAR LAKHOTIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Hemant Kumar Shikarwar, learned counsel for the petitioners and Mr. Prabir Kumar Chatterjee, learned counsel for the State.

(2.) This criminal revision petition has been preferred under Ss. 438 and 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 challenging the order dtd. 8/5/2025 passed by the learned S.D.J.M., Ramgarh in connection with Rajrappa P.S. Case No.31 of 2017, corresponding to G.R. No.193/2017 in M.C.A. No.2358/2024, registered under Sec. 406, 420, 467, 468, 471, 120B of the Indian Penal Code, whereby, the learned Court has been pleased to refuse to discharge the petitioners.

(3.) Learned counsel for the petitioners tried to convince the Court on merit, however the Court has put question to the learned counsel for the petitioners why the petitioners have surpassed the jurisdiction of the learned Sessions Judge by filing revision against the order of the learned S.D.J.M., he submits that the learned Sessions Judge and High Court are having the jurisdiction in light of Sec. 397 read with Sec. 399 and 401 of the Code, corresponding to Ss. 438 read with Sec. 440 and 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) and in view of that, it is for the litigant to choose the forum. He further submits that in view of that, the present criminal revision petition has been filed directly before the High Court. He relied upon the judgment passed by the Hon'ble Supreme Court in the case of Central Bureau of Investigation v. State of Gujarat, reported in (2007) 6 SCC 156. He refers paragraphs 3 and 5 of the said judgment, which read as under: