KAMLESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.A.S. Pati along with Mr. Prabhat Singh, learned counsel for the petitioner and Mr. Arup Kumar Dey, learned counsel for the State.

(2.) This criminal revision petition has been preferred challenging the order dtd. 28/5/2024 passed in Miscellaneous Criminal Application No.413/2024 in connection with Bishungarh P.S. Case No.34/2017, corresponding to G.R. No.577/2017 by the learned Judicial Magistrate, 1st Class, Hazaribagh, whereby, the petition filed by the petitioner for discharge has been rejected.

(3.) Learned counsel for the petitioner tried to convince the Court on merit, however the Court has put question to the learned counsel for the petitioner why the petitioner has surpassed the jurisdiction of the learned Sessions Judge by filing revision against the order of the learned Judicial Magistrate, 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 Sec. 438 read with Sec. 440 and 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter to be referred to as "the 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: