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Judgment
By the Court:-
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the order dated 16.06.2026 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No. 213 of 2026 whereby and where under, learned Judicial Commissioner, Ranchi has dismissed the revision application on the ground that the same having been preferred against the order framing charge which is purely an interlocutory order within the meaning of Section 397 (2) of Cr.P.C., hence, the criminal revision is not maintainable.
Relying upon the judgment of the Hon’ble Supreme Court of India in the case of Sanjay Kumar Rai vs. State of U.P. & Anr. reported in (2022) 15 SCC 720, paragraph no.14 of which reads as under:-
“14.The correct position of law as laid down in Madhu Limaye [Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551 : 1978 SCC (Cri) 10] , thus, is that orders framing charges or refusing discharge are neither interlocutory nor final in nature and are, therefore, not affected by the bar of Section 397(2)CrPC. That apart, this Court in the above cited cases has unequivocally acknowledged that the High Court is imbued with inherent jurisdiction to prevent abuse of process or to secure ends of justice having regard to the facts and circumstance of individual cases. As a caveat it may be stated that the High Court, while exercising its afore stated jurisdiction ought to be circumspect. The discretion vested in the High Court is to be invoked carefully and judiciously for effective and timely administration of criminal justice system. This Court, nonetheless, does not recommend a complete hands off approach. Albeit, there should be interference, may be, in exceptional cases, failing which there is likelihood of serious prejudice to the rights of a citizen. For example, when the contents of a complaint or the other purported material on record is a brazen attempt to persecute an innocent person, it becomes imperative upon the Court to prevent the abuse of process of law.” it is submitted by the learned counsel for the petitioner that in that case, the Hon’ble Supreme Court of India has in no uncertain manner held that the orders framing charge or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar under Section 397 (2) of Cr.P.C.
It is further submitted by the learned counsel for the petitioner that the learned Judicial Commissioner, Ranchi has committed a grave illegality by not considering the Criminal Revision No. 213 of 2026 on its own merit. Hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed.
Learned Addl. P.P. submits that since the learned Judicial Commissioner, Ranchi has not considered the Criminal Revision No. 213 of 2026 on merit, hence, the impugned order be set aside and the case be remanded to the court of learned Judicial Commissioner, Ranchi to pass a fresh order in accordance with law.
Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that in view of the settled principle of law as has been reiterated by the Hon’ble Supreme Court of India in the case of Sanjay Kumar Rai vs. State of U.P. & Anr. (supra) that inter alia the order framing charges is neither interlocutory nor final in nature and are therefore not affected by the bar under Section 397 (2) of Cr.P.C.; this Court has no hesitation in holding that the learned Judicial Commissioner, Ranchi has committed a grave illegality by not considering the Criminal Revision No. 213 of 2026 on merit and dismissing the same as not maintainable. Hence, the order dated 16.06.2026 passed by the learned Judicial Commissioner, Ranchi in Criminal Revision No. 213 of 2026 is quashed and set aside.
The Criminal Revision No. 213 of 2026 is remanded to the court of Judicial Commissioner, Ranchi to pass a fresh order in accordance with law.
In the result, this criminal miscellaneous petition is allowed to the aforesaid extent only.