Amit Kumar v. the State of Jharkhand

Jharkhand HC10 Mar 2026W.P.(Cr.)/101/2025

Case brief

AI extract

What is this about?

Amit Kumar v. State of Jharkhand and others; W.P.(Cr.) No. 101 of 2025; High Court of Jharkhand at Ranchi; Justice Gautam Kumar Choudhary; decision dated 10.03.2026; complainant's writ for realization of fine and execution of sentence after conviction attained finality; Complaint Case No. 355 of 2012; Crl. Appeal No. 129 of 2015; Cr. Revision No. 476 of 2016; alternative/efficacious remedy before Trial Court; writ petition disposed of with liberty to approach Trial Court; copy of order communicated to Trial Court for compliance.

What did the court decide?

Liberty to the petitioner to approach the learned Trial Court for redressal of his grievance along with a copy of this order; a copy of the order to be communicated to the learned Trial Court at once for its compliance. ¶¶18

Amit Kumar Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Redressal of the petitioner's grievance that, despite the judgment of conviction and sentence having attained finality, neither the fine amount has been paid to him nor Respondent No.4 has been taken into custody to serve the sentence for realization of the fine. +1 more

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Court's answer

The petitioner has an efficacious remedy before the learned Trial Court and may move it with the copy of the judgment passed in Crl. Appeal No.129 of 2015 and the copy of the order passed in Cr. Revision No.476 of 2016 to bring to its notice that the judgment of conviction and sentence passed by the learned Trial Court has attained finality, yet the convict has not served the sentence and the fine amount has not been paid to the petitioner.

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Ratio / Principle

In view of the alternative remedy, the writ petition is disposed of with liberty to the petitioner to approach the learned Trial Court for redressal of his grievance along with a copy of this order.

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Detailed headnote1 paragraphs

Writ petition (Criminal) filed by the complainant of Complaint Case No.355 of 2012 seeking enforcement of a conviction that had attained finality through dismissal of Crl. Appeal No.129 of 2015 and Cr. Revision No.476 of 2016 — grievance being non-payment of the fine to the petitioner and failure to take the convict (Respondent No.4) into custody to serve the sentence for realization of the fine. The High Court held that the petitioner has an efficacious remedy before the learned Trial Court, before which he may move with copies of appellate judgments showing finality of the conviction and sentence, and accordingly disposed of the writ petition with liberty to approach the Trial Court, directing that a copy of the order be communicated to the Trial Court at once for compliance.

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2026:JHHC:6292

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr.) No. 101 of 2025

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Amit Kumar, S/o Sri Sagar Ram Mahto, R/o RIMS Staff Quarter No.154, PO and PS- Bariyatu, District- Ranchi, Jharkhand.

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.... .. ... Petitioner(s)

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Versus

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The State of Jharkhand.

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The Senior Superintendent of Police, Ranchi.

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The Officer-in-Charge, Bariyatu Police Station, Bariyatu, DistrictRanchi.

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Shambhu Shankar Guru, S/o Balak Lohra, R/o Village- Boreya, POBoreya, PS- Kanke, District- Ranchi, Jharkhand.

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.. ... ...Respondent(s)

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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner (s) : Ms. Nishi Rani, Advocate Ms. A. Basundhra Raje, Advocate For the State : Ms. Omiya Anuska, AC to AAG-IA

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03/ 10.03.2026 . Heard, learned counsel for the parties.

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1. Petitioner is the complainant in Complaint Case No.355 of 2012 and the same was disposed of vide judgment dated 12.06.2015 wherein judgment of conviction and sentence was awarded to the accused/ Respondent No.4.

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2. Crl. Appeal No.129 of 2015 was preferred by the accused/ Respondent No.4 and the same was dismissed vide judgment dated 21.01.2016 and the order attained finality after dismissal of the Cr. Revision No.476 of 2016 vide order dated 24.06.2023.

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3. The main grievance of the petitioner is that despite the judgment of conviction and sentence having attained finality, neither fine amount has been paid to the petitioner, nor Resp. No.4 was taken into custody to serve the sentence for realization of the fine amount.

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4. This court is of the view that Petitioner has efficacious remedy before the learned Trial Court and may move it with the copy of the judgment passed in Crl. Appeal No.129 of 2015 and the copy of the order passed in Cr. Revision No.476 of 2016 to bring to its notice that judgment of conviction and sentence passed by the learned Trial court has attained finality, but despite this the convict has not served the sentence and the fine amount has not been paid to the Petitioner.

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5. In view of the alternative remedy, the instant Writ Petition (Crl.) is disposed of with liberty to the petitioner to approach the learned Trial Court for redressal of his grievance along with a copy of this order.

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2026:JHHC:6292

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Let a copy of this order be communicated to the learned Trial Court at once for its compliance.

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( Gautam Kumar Choudhary, J. )

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Sandeep/

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Uploaded

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