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Patna High Court

Deodutt UpadhyayversusThe State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna

Decided
Disposal
CONVERTED

Holding

The writ petition is not maintainable under Article 226; the petitioner may convert it into a criminal miscellaneous petition under Article 227.

Summary

Deodutt Upadhyay filed a writ petition under Article 226 of the Constitution seeking the quashing of orders that closed prosecution evidence, denial of time to produce a forensic report, and the recording of his statement under Section 313 CrPC, as well as a stay of proceedings and transfer of the trial. The High Court held that such reliefs against a criminal trial are not amenable to writ jurisdiction and must be pursued under Article 227 via a criminal miscellaneous petition. Citing Supreme Court decisions (Neeta Singh vs U.P. and Radhey Shyam vs Chhabi Nath), the Court observed that judicial orders of a criminal court cannot be stayed by a writ. It further noted that transfer of a trial within a district is within the competence of the Sessions Judge, while inter‑district transfer falls under Section 407 CrPC or Section 447 of the Bharatiya Nagarik Suraksha Sanhita. Consequently, the petition was not maintainable as a writ and permission was granted to convert it into a criminal miscellaneous petition.

Issues considered

  • Whether a writ petition under Article 226 can be entertained for stay of criminal trial proceedings, production of forensic evidence, and transfer of a Sessions Trial.
  • Whether the High Court has jurisdiction to order transfer of a criminal case under Section 407 CrPC or Section 447 of the Bharatiya Nagarik Suraksha Sanhita.
  • What is the appropriate remedy when a petitioner seeks relief against a criminal court order?

Legislation cited

Subjects

  • writ jurisdiction
  • Article 226
  • Article 227
  • criminal miscellaneous petition
  • Section 313 CrPC
  • Section 407 CrPC
  • Section 447 Bharatiya Nagarik Suraksha Sanhita
  • fair trial
  • forensic science laboratory report
  • transfer of criminal trial

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.138 of 2026
                         Arising Out of PS. Case No.-66 Year-2024 Thana- BUXAR District- Buxar
                 ======================================================
                 Deodutt Upadhyay S/o- Late Yamuna Upadhyay Resident of Sohni Patti Ward
                 no- 21 PO- Buxar, PS- Buxar(T) and District- Buxar

                                                                                   ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Home Department, Govt.
                 of Bihar, Patna Bihar
           2.    The Director General of Police, Old Secretariat, Patna Bihar
           3.    The Director, Bihar Forensic Science Laboratory, Patna Bihar
           4.    The Inspector General of Police, Patna Division, Buxar Bihar
           5.    The Superintendent of Police, Buxar Bihar
           6.    The SHO, Town Thana, Buxar Bihar
           7.    The Investigating Officer, Town Thana, Buxar Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Choubey, Advocate
                 For the Respondent/s     :       Smt. Binita Singh, S.C. 28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   19-06-2026                  Office has pointed out certain defect(s) and the

                   learned counsel for the petitioner submits that he wants to delete

                   relief nos. 1. I, II and V and retaining the relief nos. 1.III, IV and

                   VI.

                                2. The petitioner has filed the present petition seeking

                   following relief(s):

                                              “I. For issuance of an appropriate
                                        writ/writs, order/orders, direction/directions for
                                        quashing and setting aside the impugned orders
                                        dated 08.10.2025 and 16.10.2025 passed by the
                                        learned District & Additional Sessions Judge-
Patna High Court CR. WJC No.138 of 2026(2) dt.19-06-2026
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                             III, Buxar in Sessions Trial No. 193/2024,
                             whereby the learned court has (i) closed the
                             prosecution evidence, (ii) refused to grant
                             further time for procuring and bringing on
                             record the FSL report, despite the same being a
                             crucial piece of evidence supporting the
                             prosecution case, and (iii) consequently fixed the
                             matter for recording the statement of the
                             accused under Section 313 of the Code of
                             Criminal Procedure.
                                   II. For issuance of further appropriate
                             writ/writs,     order/orders,   direction/directions
                             commanding the learned trial court to reopen
                             the prosecution evidence and to grant adequate
                             and reasonable time to the prosecution for
                             producing the FSL report, considering that the
                             said report is crucial for establishing the
                             offence. Denial of an opportunity to bring
                             essential evidence on record amounts to
                             violation of the right to a fair trial guaranteed
                             under Article 21 of the Constitution of India.
                                   III. For issuance of further appropriate
                             writ/writs,     order/orders,   direction/directions
                             commanding the learned trial court not to
                             proceed further in the matter, and for staying all
                             further proceedings in Sessions Trial No.
                             193/2024, including the recording of the
                             statement of the accused under Section 313 of
                             the Code of Criminal Procedure, during the
                             pendency of this writ petition.
                                   IV. For issuance of further appropriate
Patna High Court CR. WJC No.138 of 2026(2) dt.19-06-2026
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                             writ/writs, order/orders, direction/directions for
                             transferring Sessions Trial No. 193/2024 to the
                             Court of the learned D.A.S.J.-II, Buxar, who had
                             earlier been seized of the matter, since the case
                             was transferred vide order dated 04.09.2025 on
                             the application of the accused, which has caused
                             prejudice to the fair adjudication of the
                             proceedings.
                                   V. For issuance of further appropriate
                             writ/writs,     order/orders,   direction/directions
                             commanding the respondent authorities to
                             produce the FSL report and all other relevant
                             evidence expeditiously, so as to ensure a fair and
                             timely trial in accordance with law.
                                   VI. For issuance of any other writ/writs
                             order/orders direction/directions as it deem fit in
                             the facts and circumstances of the case.”



                       3. The relief(s) sought by the petitioner at 1.III and

          1.IV are for staying all proceedings in Sessions Trial No.

          193/2024, including the recording of the statement of the

          accused under Section 313 of the Code of Criminal Procedure,

          by commanding the learned trial court not to proceed further in

          the matter apart from seeking direction to transfer the Sessions

          Trial No. 193 of 2024 to the court of learned District &

          Additional Sessions Judge-II, Buxar. Such reliefs against

          judicial proceeding could not be granted in a criminal writ filed
Patna High Court CR. WJC No.138 of 2026(2) dt.19-06-2026
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          under Article 226 of the Constitution of India and reliance could

          be placed on the decision of Hon’ble Supreme Court in the case

          of Neeta Singh & Ors. Vs. The State of Uttar Pradesh & Ors,

          2024 SCC OnLine SC 5761 which referred to the decision of

          Radhey Shyam Vs. Chhabi Nath, (2015) 5 SCC 423 wherein it

          has been held that the judicial orders of the civil court are not

          amenable to writ jurisdiction under Article 226 of the

          Constitution. Against a judicial order or proceedings, the course

          open to the petitioner is to approach this Court under Article 227

          of the Constitution of India by filing a criminal miscellaneous

          petition in terms of Rule 3(iii) and (v) of Chapter XII of Part A

          of the Patna High Court Rules.

                       4. Similarly, for transfer of criminal trial from one

          court to another court within a district, the learned Sessions

          Judge is competent to pass such order and for inter-district

          transfer, this Court could pass order under Section 407 of the

          Criminal Procedure Code/ Section 447 of Bharatiya Nagarik

          Suraksha Sanhita. Therefore, the present writ petition is not

          maintainable.

                       5. Faced with the situation, learned counsel for the

          petitioner seeks permission to convert the instant criminal writ

          petition into a criminal miscellaneous petition.
           Patna High Court CR. WJC No.138 of 2026(2) dt.19-06-2026
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                                  6. Permission is accorded.

                                  7. Learned counsel for the petitioner is permitted to

                     convert the present criminal writ petition into criminal

                     miscellaneous petition, within two weeks.

                                  8. The office is directed to extend all co-operation to

                     the learned counsel for the petitioner towards conversion.

                                  9. As soon as the petitioner takes step for conversion

                     of the petition, the converted petition be listed before the

                     appropriate Bench.



                                                       (Arun Kumar Jha, J)
Ashish/-

U


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