Patna High Court

Ramesh Yadav @ Ramesh Kumar SinghversusThe State of Bihar

Decided: 24 March 2026
Disposal: CONVERTED
Bench: PRAVEEN KUMAR

Holding

The court held that the application must be converted to a Cr.W.J.C. application within four weeks and thereafter disposed of the original application.

Summary

Petitioners Ramesh Yadav and Shailesh Yadav filed an application before the Patna High Court. The court examined whether the application should be treated as a petition under the Criminal Writ Jurisdiction Code (Cr.W.J.C.). The learned counsel for the petitioners was directed to convert the application to a Cr.W.J.C. proceeding within four weeks. The court ordered that the conversion be effected and, having done so, disposed of the present application. No substantive merits of the original claim were addressed.

Issues considered

Whether the pending application should be converted to one under the Criminal Writ Jurisdiction Code (Cr.W.J.C.)

Subjects

procedural law
criminal procedure
application conversion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28063 of 2025
                      Arising Out of PS. Case No.-24 Year-2025 Thana- BHAGWANGANJ District- Patna
                  ======================================================
            1.     Ramesh Yadav @ Ramesh Kumar Singh Son of Late Basudeo yadav @
                   Basudeo Singh village- Gafurichak, Post- Bedauli, Ps- Bhagwanganj
                   (Masaurhi), Dist- Patna
            2.    Shailesh Yadav @ Shailesh Singh Son of Late Basudeo Yadav @ Basudeo
                  Singh village- Gafurichak, Post- Bedauli, Ps- Bhagwanganj (Masaurhi),
                  Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    The Additional Chief Judicial Magistrate, Masaurhi, Patna Bihar
            3.    The Officer-in-Charge Bhagwanganj Ps, Masaurhi, Patna Bihar
            4.    Mahesh Yadav @ Mahesh Prasad Son of Late Basudeo Yadav @ Basudeo
                  Singh village- Gafurichak, Post- Bedauli, Ps- Bhagwanganj (Masaurhi),
                  Dist- Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Subhash Patel, Advocate
                  For the Opposite Party/s :      Mr. Md. Ataur Rahman, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    24-03-2026                  Learned counsel for the petitioners is directed to

                    convert this application to one under Cr.W.J.C. within a period

                    of four weeks.

                                 2. Accordingly, this application is disposed of.



                                               (Praveen Kumar, J)
shivam/-

U

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