It is not appropriate to come directly against the command of the magistrate: HC - JSKARDHAND HIGH COURTS Court Court Magistrate's orders in Sessions Court First of all

Updated: Fri, 12 Sep 2025 11:17 PM (IST) The Jharkhand Supreme Court said it was not appropriate to come directly against the magistrate’s order to the Supreme Court. According to the court, the session court must first go there, if available. The court also said that powers should only be used in special cases under section 482 of the Supreme Court. The court allowed the accused to submit a petition in the hearing court. State Bureau, Ranchi. While a criminal petition was heard in the Court of Justice Sk Dwivedi of the High Court in Jharkhand, it is clear that it is not appropriate to come directly to the Supreme Court against the magistrate’s order. The court said that when the session -courts are available near one party, the first lower Supreme Court, that is, the session court, must be beaten. The case is related to the criminal petition submitted by Dharam Kumar saw Alias ​​Dharam Kumar Gupta and others. These accused filed a discharge request in a 2014 charge, but the magistrate rejected it in February 2023. After this, the accused filed a review request in the Supreme Court. In the Supreme Court, the accused argued that according to sections 397 and 401 of the Criminal Procedure Act (which is now in the form of Articles 438 and 442 in the Indian Civil Protection, 2023, as in Articles 438 and 442), both the Supreme Court and the Session Court have equal rights. Remove advertisement, just read the news, the right to choose the filor, in such a situation, the requester has the right to choose in which court to go. His lawyer also quoted the old decisions of the Supreme Court. The court made it clear that although the law does not stop coming directly to the Supreme Court, the judicial label and tradition say that the first session should be used to the court. It would be considered appropriate to beat the door of the Supreme Court directly under special and extraordinary circumstances. The court said that if an order of the magistrate came, the review should be submitted in the first session court. At the same time, if the order of the Sessions Court comes, it would be appropriate to go to the Supreme Court against him. In this way there is also double benefit. The first session court has the chance to get relief and if there is no relief, the option is to come to the Supreme Court. The Supreme Court also made it clear that the powers underlying Article 482 (Article 528 in BNSS) should only be used in rare and special cases so that justice is protected and the process of law is not abused. The court rejected the review of the accused and released that he could submit a new petition in the hearing court. The court ordered that the interim security continue for a month so that the accused could go to court during this period.