Sukhdeo Kumar Sharma @ Sukhdeo Sharma vs The State Of Jharkhand on 9 March, 2026

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    Jharkhand High Court

    Sukhdeo Kumar Sharma @ Sukhdeo Sharma vs The State Of Jharkhand on 9 March, 2026

    Author: Anil Kumar Choudhary

    Bench: Anil Kumar Choudhary

                                                                              (2026:JHHC:6102)
    
    
    
    
               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No.2779 of 2025
                                          ------
    

    Sukhdeo Kumar Sharma @ Sukhdeo Sharma, aged about 75 years,
    S/o Late Mitto Sharma, R/o Qtr No.-B/1615, Sector-2, Side-4, P.O.-
    Dhurwa & P.S.- Jaganathpur, Ranchi. Jharkhand.

                                                            ...             Petitioner
                                              Versus
                1. The State of Jharkhand
    

    2. Bishwajit Goswami, S/o- Late P.B. Goswami, R/o Qtr No.-B/1767,
    Sector-2, Side-4, P.O.- Dhurwa & P.S.- Jaganathpur, Ranchi.
    Jharkhand

    SPONSORED

    3. Raj Kishor Singh, S/o- Ramchandra Singh, R/o Qtr No.-B/1617,
    Sector-2, Side-4, P.O.- Dhurwa & P.S.- Jaganathpur, Ranchi.
    Jharkhand

    4. Akhilesh Kumar @ Bittu, S/o- Kashinath Prasad, R/o Qtr No.-
    B/1748, Sector-2, Side-4, P.O.- Dhurwa & P.S.- Jaganathpur, Ranchi.

                Jharkhand                                  ...        Opposite Parties
                                              ------
                 For the Petitioner           : Mr. Raunak Sahay, Advocate
                 For the State                : Mr. Vineet Kr. Vashistha, Spl. P.P.
                 For the O.P. Nos.2 to 4      : Mr. Anil Kr. Keshri, Advocate
                                                ------
                                           PRESENT
                     HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
    
    
    By the Court:-   I.A. No.2612 of 2026
                      Heard the parties.
    
    

    Learned counsel for the petitioner submits that this interlocutory

    application has been filed for early hearing of this Criminal

    Miscellaneous Petition.

    1 Cr. M.P. No.2779 of 2025

    (2026:JHHC:6102)

    Since, the hearing of this Criminal Miscellaneous Petition is taken

    up today, hence, this interlocutory application stands disposed of being

    infructuous.

    (Anil Kumar Choudhary, J.)

    Cr.M.P. No.2779 of 2025

    This Criminal Miscellaneous Petition has been filed invoking the

    jurisdiction of this Court under Section 528 of the Bharatiya Nagarik

    Suraksha Sanhita, 2023 with the prayer to quash the order dated

    25.06.2025 passed by the learned Additional Judicial Commissioner-XV,

    Ranchi in Criminal Revision No.58 of 2025 whereby and where under

    the learned Additional Judicial Commissioner-XV, Ranchi has

    dismissed the said Criminal Revision which was filed with the prayer

    to quash the order dated 18.09.2024 passed by the learned S.D.J.M.,

    Ranchi in Misc. Criminal Application No.3552 of 2024 arising out of

    G.R. Case No.2290 of 2020 whereby and where under the learned

    S.D.J.M., Ranchi rejected the prayer of the prosecution to examine the

    son of the informant namely Krishna Kumar Sharma on the ground that

    he is not the eye-witness to the occurrence nor is he the witness cited in

    the charge-sheet.

    2. The brief fact of the case is that the prosecution filed a petition

    before the learned S.D.J.M., Ranchi mentioning therein that though

    Krishna Kumar Sharma is not cited as a witness in the charge-sheet but

    his examination is necessary in the interest of justice, hence, the prayer

    was made for his examination as a witness. The learned S.D.J.M.,

    2 Cr. M.P. No.2779 of 2025
    (2026:JHHC:6102)

    Ranchi considered that the offences involved in the trial was punishable

    under Section 341, 323, 448, 504, 506 and 34 of the Indian Penal Code.

    From the evidence of the five witnesses already examined by the

    prosecution, it appeared to the learned S.D.J.M., Ranchi that Krishna

    Kumar Sharma is not the eye-witness to the occurrence but he is a

    hearsay witness; as the informant after coming to his home, narrated

    about the occurrence to Krishna Kumar Sharma. Hence, it appeared to

    the learned S.D.J.M., Ranchi that Krishna Kumar Sharma is not a

    material witness. So, the learned S.D.J.M., Ranchi did not allow the

    prayer and rejected the same.

    3. Being aggrieved by the order of the learned S.D.J.M., Ranchi, the

    petitioner filed Criminal Revision No.58 of 2025. The learned

    Additional Judicial Commissioner-XV, Ranchi relied upon the

    judgment of the Hon’ble Supreme Court of India in the case of

    Sethuraman vs. Raja Manickam reported in (2009) 5 SCC 153 wherein

    the Hon’ble Supreme Court of India held that the order passed by the

    learned trial court refusing to call the documents and rejecting the

    application under Section 311 Cr.P.C. was an interlocutory order and

    such revision against said order is barred under Section 311 of Cr.P.C.

    Similar, is the view of the Hon’ble Supreme Court of India in the case of

    Hanuman Ram vs. State of Rajasthan & Others reported in AIR 2009

    SC 69 and the learned Additional Judicial Commissioner-XV, Ranchi

    went on to hold that the Criminal Revision is not maintainable and

    dismissed the same.

    3 Cr. M.P. No.2779 of 2025

    (2026:JHHC:6102)

    4. Learned counsel for the petitioner relies upon the judgment of

    the Hon’ble Supreme Court of India in the case of P. Sanjeeva Rao vs.

    State of Andhra Pradesh reported in (2012) 7 SCC 56 wherein it was

    held that denying the right to recall a witness for cross-examination

    merely because the trial is at its end causes prejudice to the accused. It is

    next submitted by the learned counsel for the petitioner that in the case

    of Hanuman Ram vs. State of Rajasthan & Others (supra) it was held

    that the object underlying Section 311 of the Code of Criminal

    Procedure is to prevent failure of justice on account of a mistake of

    either party to bring on record valuable evidence or leaving an

    ambiguity in the statements of the witnesses and in para-21 therein, the

    Hon’ble Supreme Court of India relied upon its own judgment in the

    case of Mohanlal Shamji Soni vs. Union of India reported in 1991

    Supp (1) SCC 271 wherein the Hon’ble Supreme Court of India

    reiterated the settled principle of law that the criminal court has ample

    power to summon any person as a witness or recall and re-examine any

    such person even if the evidence on both sides is closed and the

    jurisdiction of the court must obviously be dictated by exigency of the

    situation, and fair play and good sense appear to be the only safe

    guides and that only the requirements of justice command and

    examination of any person which would depend on the facts and

    circumstances of each case.

    5. Learned counsel for the petitioner next submits that the learned

    S.D.J.M., Ranchi failed to appreciate the fact that the witness sought to

    4 Cr. M.P. No.2779 of 2025
    (2026:JHHC:6102)

    be examined namely Krishna Kumar Sharma is the son of the informant

    and his statement in the instant matter is of much significance as this

    witness is well aware of the factual aspect and Krishna Kumar Sharma

    is an accused of the counter-case, therefore, the significance and

    relevance of the witnesses cannot be ruled out. It is further submitted

    that the testimony of the witness namely Krishna Kumar Sharma is

    required for the proper adjudication of the instant case, hence, the

    learned S.D.J.M., Ranchi ought to have allowed the prayer. Therefore, it

    is submitted that the prayer, as prayed for in the instant Cr.M.P., be

    allowed.

    6. Learned Spl. P. P. appearing for the State and the learned counsel

    for the opposite party No.2 on the other hand vehemently oppose the

    prayer of the petitioner made in the instant Cr.M.P. and submit that

    nowhere the prosecution has stated that what evidence the prosecution

    intends to adduce through Krishna Kumar Sharma. The undisputed fact

    remains that the statement under Section 161 of Cr.P.C. which

    corresponds to Section 180 of the B.N.S.S., of the said Krishna Kumar

    Sharma has not been recorded. The undisputed fact further remains

    that though the learned S.D.J.M., Ranchi has in categorical terms

    mentioned in the impugned order that the said Krishna Kumar Sharma

    sought to be examined as a witness, is not an eye-witness to the

    occurrence; yet the same has remained uncontroverted. The

    observations of the learned trial court that as per the evidence that has

    already come on record through other witnesses examined by the

    5 Cr. M.P. No.2779 of 2025
    (2026:JHHC:6102)

    prosecution; Krishna Kumar Sharma came to know about the

    occurrence only after hearing about the same from the informant. So, at

    best, he is a hearsay witness and in the facts of this case as discussed

    above, his testimony is not admissible in evidence. Therefore, no

    illegality has been committed by the learned S.D.J.M., Ranchi in

    rejecting the prayer of the prosecution to examine Krishna Kumar

    Sharma as a witness of the prosecution as the same was unnecessary

    and uncalled for and only a tactic to delay the disposal of the criminal

    case and linger the same. It is next submitted that the undisputed fact

    remains that the order passed by the court in rejecting the application

    under Section 311 of Cr.P.C., is an interlocutory order, hence, a criminal

    revision is barred under Section 397 (2) of the Cr.P.C. Therefore, no

    illegality has been committed by the learned Additional Judicial

    Commissioner-XV, Ranchi in dismissing the Criminal Revision as not

    maintainable. It is then submitted that as has rightly been mentioned by

    the learned S.D.J.M., Ranchi herself that the examination of Krishna

    Kumar Sharma as a witness and the evidence sought to adduced is not

    essential to the just decision of the case and therefore as for cogent

    reason, the learned S.D.J.M., Ranchi has rejected the same, so, the ratio

    of Hanuman Ram vs. State of Rajasthan & Others (supra) is not

    applicable to the facts of this case and the same is the position of law so

    far as the judgment of the Hon’ble Supreme Court of India in the case of

    Mohanlal Shamji Soni vs. Union of India (supra) is concerned. Hence,

    it is submitted that this Cr.M.P., being without any merit, be dismissed.

    6 Cr. M.P. No.2779 of 2025

    (2026:JHHC:6102)

    7. 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 the Hon’ble Supreme Court of India in

    the case of Ratanlal vs. Prahlad Jat & Others reported in (2017) 9 SCC

    340 has held that power under Section 311 Cr.P.C. must be exercised

    with caution and circumspection and only for strong and valid reasons.

    8. Now, coming to the facts of the case; it is not forthcoming as to

    what evidence the prosecution intends to bring on record by examining

    Krishna Kumar Sharma. Nowhere, the same has been disclosed in this

    Cr.M.P. The undisputed fact remains that as has been observed by the

    learned S.D.J.M., Ranchi in the impugned order that Krishna Kumar

    Sharma is not an eye-witness to the occurrence but he has heard about

    the occurrence from the informant after the occurrence took place. So, at

    best Krishna Kumar Sharma can be termed as a hearsay witness and in

    the absence of any material for the learned trial court to arrive at the

    conclusion that the evidence to be put-forth by Krishna Kumar Sharma

    was essential for the just decision of the case, in the considered opinion

    of this Court, the learned S.D.J.M., Ranchi has not committed any error

    in rejecting the petition under Section 311 of the Cr.P.C. filed by the

    petitioner; warranting interference of this Court under Section 528 of

    the Bharatiya Nagarik Suraksha Sanhita, 2023.

    9. So far as the order dated 25.06.2025 passed by the learned

    Additional Judicial Commissioner-XV, Ranchi in connection with

    Criminal Revision No.58 of 2025 is concerned, the undisputed fact

    7 Cr. M.P. No.2779 of 2025
    (2026:JHHC:6102)

    remains that the order rejecting an application under Section 311 of

    Cr.P.C. is an interlocutory order so Section 397 (2) of the Cr.P.C. bars a

    Criminal Revision in challenging such interlocutory order. Therefore,

    this Court also do not find any illegality in the impugned order dated

    25.06.2025 passed by the learned Additional Judicial Commissioner-XV,

    Ranchi in connection with Criminal Revision No.58 of 2025 for

    dismissing the criminal revision on the ground that the same being not

    maintainable, having been filed against an interlocutory order.

    10. In view of the discussions made above, this Court is of the

    considered view that there is no justifiable reason to accede to the

    prayer made by the petitioner in this Cr.M.P. in exercise of its power

    under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

    11. Accordingly, this Cr.M.P., being without any merit, is dismissed.

    (Anil Kumar Choudhary, J.)
    High Court of Jharkhand, Ranchi
    Dated the 09th of March, 2026
    AFR/ Animesh
    Uploaded on- 12/03/2026

    8 Cr. M.P. No.2779 of 2025



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