Patna High Court
Deodutt UpadhyayversusThe State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. Section 447
- Code of Criminal Procedure — s. Section 313, Section 407
- Constitution of India — s. Article 21, Article 226, Article 227
- Patna High Court Rules — s. Rule 3(iii), Rule 3(v) of Chapter XII Part A
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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