Jharkhand High Court Reiterates Hierarchical Protocol in Criminal Revision Petitions

Direct Filing in High Court Discouraged Without Exceptional Circumstances

In a recent judgment dated November 24, 2025, the Jharkhand High Court, presided over by Justice Sanjay Kumar Dwivedi, emphasized the importance of adhering to the hierarchical protocol in filing criminal revision petitions. The Court highlighted that direct filing of such petitions in the High Court, bypassing the Sessions Court, is undesirable unless there are special and exceptional circumstances.

The case in question involved petitioners Shree Kumar Lakhotia and others, who challenged an order by the Sub-Divisional Judicial Magistrate (S.D.J.M.), Ramgarh, which refused to discharge them in connection with a criminal case involving charges under multiple sections of the Indian Penal Code.

The Court addressed the petitioners' decision to file a criminal revision petition directly before the High Court, bypassing the Sessions Court. The petitioners' counsel argued that both the Sessions Court and the High Court have concurrent jurisdiction under Sections 438, 440, 442, and 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, and Sections 397, 399, 401, and 482 of the Criminal Procedure Code, 1973. However, the Court underscored that while concurrent jurisdiction exists, propriety dictates that the first forum in the hierarchy be approached first.

Justice Dwivedi referenced several precedents, including the Supreme Court judgment in Central Bureau of Investigation v. State of Gujarat, which affirmed that while there is no absolute bar on approaching the High Court directly, it is generally expected that the Sessions Court is approached first to ensure a structured judicial process.

The judgment elaborated that the exercise of revisional powers is discretionary and should be used sparingly, primarily to prevent abuse of the judicial process and secure justice. It was also noted that the High Court should not serve as a second revisional court except in rare and exceptional scenarios.

Consequently, the High Court dismissed the criminal revision petition filed by the petitioners, granting them the liberty to approach the Sessions Court. The period spent in the High Court proceedings will not be considered in the limitation period for filing a fresh petition.

This ruling reinforces the procedural discipline and underscores the importance of following judicial hierarchies, ensuring that the judicial process remains orderly and effective.

Bottom Line:

Criminal Revision Petition - Direct filing in High Court without approaching the Sessions Court is not appropriate unless there are special and exceptional circumstances. Propriety demands that the first forum in the hierarchy be approached except in rare cases.

Statutory provision(s): Bharatiya Nagrik Suraksha Sanhita, 2023 Sections 438, 440, 442, 528; Criminal Procedure Code, 1973 Sections 397, 399, 401, 482.

Shree Kumar Lakhotia v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2812711