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Patna High Court

Subash ChandraversusShalini Kumari

Decided
Disposal
CONVERTED

Holding

The court held that the civil miscellaneous application should be converted into a criminal revision.

Summary

The petitioner Subash Chandra filed a civil miscellaneous application before the Patna High Court. The court, after hearing counsel, referred to a Full Bench decision in Dr. Dilip Kumar vs. State of Bihar (Cr. Misc. 6740 of 2016, dated 22.11.2024) and ordered that the civil application be converted into a criminal revision. The order directs that the matter be listed before the appropriate roster bench for further proceedings. No substantive factual dispute was addressed, and the decision was procedural in nature. The conversion aligns with the precedent that civil applications seeking criminal remedies may be transformed into criminal revisions.

Issues considered

  • Whether a civil miscellaneous application can be converted into a criminal revision under the precedent of Dr. Dilip Kumar vs. State of Bihar

Subjects

  • civil miscellaneous jurisdiction
  • criminal revision
  • procedural conversion
  • high court order
  • precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CIVIL MISCELLANEOUS JURISDICTION No.943 of 2024
                 ======================================================
                 Subash Chandra S/o Baleshwar Mandal, Resident of village - Kantpur, Post
                 Office- Nauagarhi, P.S. Naya Ramnagar, District- Munger. Presently posted as
                 CFN, Auto Tech B Vehicle, Electronic Mechanial Engineering Corp. (EME),
                 48, Field Workshop, Khasa Cant, Amritsar - 143107.

                                                                           ... ... Petitioner/s
                                                     Versus
            1.   Shalini Kumari W/o Subash Chandra, resident of village - Muluktar, Post
                 office - Haveli Kharagpur, District - Munger.
            2.   Umang Kumar Singh S/o Subash Chandra Resident of Village - Muluktar,
                 Post Office - Haveli Kharagpur, District - Munger, Bihar.
            3.   Rudra Kumar Singh S/o Subash Chandra Resident of Village - Muluktar,
                 Post Office - Haveli Kharagpur, District - Munger, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Avinash Kumar
                 For the Respondent/s   :      Mr.Rakesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   29-01-2026                 Heard learned counsel for both the parties.

                               2. Let the present civil miscellaneous application be

                   converted into Criminal Revision in view of Full Bench

                   decision dated 22.11.2024 passed in Cr. Misc. 6740 of 2016

                   (Dr. Dilip Kumar vs. State of Bihar and Anr.).

                               3. List this matter before the concerned Roster Bench.



                                            (S. B. Pd. Singh, J)


Ankit Kumar/-

U


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