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Patna High Court

Devnandan SinghversusThe State of Bihar throughh the Principal Secretary, Home Bihar, Patna

Decided
Disposal
CONVERTED

Holding

Judicial orders of criminal courts are not amenable to writ jurisdiction under Articles 226 and 227 of the Constitution.

Summary

Devnandan Singh filed a criminal writ petition under Articles 226 and 227 of the Constitution seeking to quash an order of the Additional Chief Judicial Magistrate that had rejected his Section 323 Cr.P.C. petition. The High Court held that judicial orders of criminal courts are not amenable to writ jurisdiction under Articles 226 or 227, relying on the Supreme Court decisions in Neeta Singh & Ors. v. State of Uttar Pradesh and Shalini Shyam Shetty v. Rajendra Shankar Patil. Consequently, the petition could not be entertained as a writ petition. The Court, however, permitted the petitioner to convert the writ petition into an appropriate petition within two weeks. The order directed the office to cooperate with the conversion process.

Issues considered

  • Whether a criminal writ petition under Article 226 or 227 can be filed to quash an order of a judicial magistrate.
  • Whether the petitioner is entitled to relief under writ jurisdiction against the order rejecting his Section 323 Cr.P.C. petition.

Legislation cited

Subjects

  • writ jurisdiction
  • Article 226
  • Article 227
  • criminal court orders
  • quash order
  • Section 323 CrPC
  • High Court Rules
  • conversion of petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.119 of 2026
                     Arising Out of PS. Case No.-150 Year-2021 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Devnandan Singh S/o- Late Ramji Singh Village- Kemra Post- Diha PS-
                 Ariyari Distt- Sheikhpura

                                                                                   ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Home Bihar, Patna Bihar
           2.    Bablu Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist-
                 Sheikhpura
           3.    Dablu Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist-
                 Sheikhpura
           4.    Sanjeet Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist-
                 Sheikhpura
           5.    D.M Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist-
                 Sheikhpura
           6.    Dilkhush Kumar S/o- Shankar Singh R/v- Kemra Po- Diha Ps- Ariyari Dist-
                 Sheikhpura
           7.    Shankar Singh S/o- Late Bhupal Singh R/v- Kemra Po- Diha Ps- Ariyari
                 Dist- Sheikhpura
           8.    Bhushan Singh S/o- Late Bhupal Singh R/v- Kemra Po- Diha Ps- Ariyari
                 Dist- Sheikhpura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Kumar Lalit, Advocate
                 For the Respondent/s    :        Mr.S.C. 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                      The petitioner has approached this Court for

                   quashing the order dated 22.12.2025 passed by learned

                   Additional Chief Judicial Magistrate-I, Sheikhpura in G.R. Case

                   No. 1327 of 2021, arising out of Ariyari P.S. Case No. 150/2021

                   whereby and whereunder the petition dated 12.12.2025 filed

                   under Section 323 of Cr.P.C. by the petitioner has been rejected,
Patna High Court CR. WJC No.119 of 2026(2) dt.28-01-2026
                                            2/3




          apart from other reliefs.

                       02. Apparently, the petitioner has approached this

          Court against a judicial order passed by the learned Additional

          Chief Judicial Magistrate-1, Sheikhpura.

                       03. The Hon’ble Supreme Court in the case of Neeta

          Singh & Ors. Vs. The State Of Uttar Pradesh & Ors. in

          Special Leave to Appeal (Crl.) No(s). 13578/2024 has held that

          the judicial orders of the civil court are not amenable to writ

          jurisdiction under Article 226 of the Constitution. In these

          circumstances, the petitioner can have the course of appropriate

          proceeding before appropriate forum and not before this Court

          in a writ under criminal writ jurisdiction.

                       04. Learned counsel for the petitioner submits that the

          present writ has been filed under Article 226 and 227 of the

          Constitution of India and the Court can proceed under Article

          227 of the Constitution of India.

                       05. I find such submission to be fallacious.

                       06. So far as filing of the writ petition under Article

          227 of the Constitution of India is concerned, the Hon'ble

          Supreme Court in the case of Shalini Shyam Shetty

          Vs.Rajendra Shankar Patil, (2010)8 SCC 329 has also made it

          clear that under Article 227 of the Constitution of India no writ
           Patna High Court CR. WJC No.119 of 2026(2) dt.28-01-2026
                                                       3/3




                     could be entertained. So, criminal writ petition under Article

                     226 and 227 of the Constitution against a judicial order would

                     not lie. Further, Part A Chapter XII Rule 3 Sub Rule (iii) and (v)

                     of Patna High Court Rules provides for filing a petition under

                     Article 227 of the Constitution of India as criminal

                     miscellaneous petition and the said roster of criminal

                     miscellaneous petition under Article 227 of the Constitution of

                     India has not been assigned to this Bench.

                                  07. At this stage, learned counsel for the petitioner

                     seeks permission to convert the present petition into appropriate

                     petition.

                                  08. Permission is accorded.

                                  09. Learned counsel for the petitioner is permitted to

                     convert the present petition into appropriate petition within two

                     weeks.

                                  10. Office is directed to extend all cooperation

                     towards conversion.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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