PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Re. I.A. No. 2 of 2025 in L.P.A. No. 698 of 2025 : Leave granted. 2. I.A. No. 2 of 2025 stands allowed.

Re. L.P.A. No. 698 of 2025 : 3. Heard Mr. Piyush Lall, the learned Advocate for the appellant/the High Court of Judicature at Patna and Mr. Vikas Kumar, the learned Advocate for the State.

4. While dealing with a criminal revision (Cr. Revision No. 238 of 2023), a learned Single Judge of this Court vide his order dated 26.06.2025 observed as follows at page 6 :

"Failure on the part of the investigating officer to comply with the provision of section 41A of the CrPC might be a ground for releasing the accused on bail with appropriate direction to meet the I.O. for interrogation, but without passing any order, an accused when produced before the court of law cannot be held to leave the Court in the manner in which it was done. I am constrained to note that the learned Additional District Judge 17 th , Rohtas at Sasaram, is not aware about the Chapter XI and Chapter XXXIII of the Code of Criminal Procedure. It is high time that the concerned officer be directed to take training at the Bihar Judicial Academy with regard to the provisions of investigation by police, Magistrates/Special Judges' power during investigation, and provisions relating to bail. The High Court Administration is requested to direct the concerned judicial officer to take training on the above subjects at the Bihar Judicial Academy. The copy of the order be sent to the Registrar General, The High Court of Judicature at Patna, for information and compliance. In the meantime, criminal powers be withdrawn from the concerned judicial officer.

5. Hence this appeal.

6. Mr. Piyush Lall, the learned Advocate for the High Court has submitted that this appeal is maintainable for the reason that the learned Single Judge ought not to have strayed in the administrative side while dealing with his revisional jurisdiction as such powers are precluded/not permitted under the statutory code and, therefore, any direction, as has been quoted above, amounts to an assumption of a constitutional jurisdiction under Article 226 of the Constitution of India.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM2OTgjMjAyNSMxI04=-uztZnoZogTo=

Disclaimer: Curated by HT Syndication.