Patna High Court

SATYENDRA KATEWAversusTHE STATE OF BIHAR THROUGH THE D.G.P, GOVT.OF BIHAR, PATNA

Decided: 6 January 2026
Disposal: CONVERTED
Bench: JITENDRA KUMAR

Holding

The High Court permitted the petitioner to withdraw the criminal writ petition and convert it into a criminal revision petition, directing the matter to be listed after conversion.

Summary

The petitioner, Satyendra Katewa, filed a criminal writ petition in the Patna High Court seeking to quash an order dated 14‑02‑2019 of the Additional Chief Judicial Magistrate‑VII, Patna, which had taken cognizance of an offence under Section 304 of the Indian Penal Code and issued a summons against him. During the hearing, the petitioner admitted that the proper remedy was a criminal revision petition, not a writ petition. He therefore requested permission to withdraw the writ petition and convert it into a criminal revision petition. The Court, after hearing counsel, granted liberty to the petitioner to convert the writ petition into a revision petition within two weeks and directed the office to list the matter before the appropriate bench after obtaining the Chief Justice’s permission. The order effectively allows the procedural substitution while preserving the petitioner’s right to challenge the magistrate’s order through the correct channel.

Issues considered

What is the appropriate remedy for challenging the order of the Additional Chief Judicial Magistrate‑VII, Patna – a criminal writ petition or a criminal revision petition?
Whether the petitioner may be permitted to withdraw the criminal writ petition and convert it into a criminal revision petition under procedural law?

Legislation cited

Indian Penal Code — s. 304

Subjects

criminal writ petition
criminal revision petition
Section 304 IPC
procedural law
High Court
quash order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1262 of 2019
                  Arising Out of PS. Case No.-816 Year-2018 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Satyendra Katewa, Son of Sri Kehar Sigh Katewa Resident of 29A, Ajmer
                 Garden, Kings Road, Police Station- Shyam Nagar, District- Jaipur.

                                                                                 ... ... Petitioner
                                                  Versus
           1.    The State of Bihar Through The D.G.P, Govt.Of Bihar, Patna
           2.    Amit Kumar Agrawal Son of Mohan Lal Agrawal Resident of 72, Kaveri
                 Apartment, Bandar bagicha, Dak Bunglow Road, Police Station- Kotwali,
                 District- Patna.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Alok Kumar @ Alok Kr Shahi, Advocate
                 For the Respondents    :        Mr. Sheo Shankar Prasad, SC-8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

8   06-01-2026                    The present Criminal Writ Petition has been

                   preferred by the Petitioner seeking quashing of the order dated

                   14.02.2019 passed by learned Additional Chief Judicial

                   Magistrate-VII, Patna in Complaint Case No. 816(C ) of 2018

                   whereby learned Judicial Magistrate had taken cognizance of

                   the offence punishable under Section 304 of the Indian Penal

                   Code and summons has been issued against the Petitioner.

                               2. Heard learned counsel for the Petitioner and

                   learned SC-8, Mr. Sheo Shankar Prasad. However, nobody is

                   present on behalf of the Private Respondent No.2.

                               3. After some argument, learned counsel for the
            Patna High Court CR. WJC No.1262 of 2019(8) dt.06-01-2026
                                                        2/2




                      Petitioner fairly admits that the Petitioner should have filed

                      Criminal Revision Petition against the Order dated 14.02.2019.

                                  4. Hence, she is seeking permission to withdraw the

                      present petition with liberty to convert the present Criminal Writ

                      Petition into a Criminal Revision Petition.

                                  5. Accordingly, Petitioner is given liberty to convert

                      this Writ Petition into Criminal Revision Petition and take

                      required steps within two weeks. Thereafter, office is directed to

                      do the needful and after conversion, list this matter before

                      appropriate Bench after obtaining permission of Hon’ble the

                      Chief Justice.



                                                                        (Jitendra Kumar, J.)
Chandan/-

U     T

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