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Patna High Court

Mukesh PahariyaversusThe State of Bihar, through the District Magistrate Bhagalpur

Decided
Disposal
CONVERTED

Holding

The Court permitted the conversion of the criminal writ petition into a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Mukesh Pahariya filed a criminal writ petition in the Patna High Court seeking to set aside an order dated 17 July 2025 passed by the Additional Sessions Judge‑VII (Exclusive Special Judge) under the POCSO Act in case No. 29 of 2024. The Court noted that orders of civil courts are not amenable to writ jurisdiction under Article 226, citing the Supreme Court’s decision in Neeta Singh v. State of Uttar Pradesh (2024). The petitioner’s counsel requested permission to convert the criminal writ petition into a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court granted the request, directing that the conversion be effected within two weeks and that the office cooperate with the counsel. Once converted, the petition is to be listed before the appropriate Bench for further hearing.

Issues considered

  • Whether a criminal writ petition under Article 226 can be converted into a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether orders of civil courts are amenable to writ jurisdiction under Article 226.

Legislation cited

Subjects

  • writ jurisdiction
  • Article 226
  • criminal writ petition
  • conversion of petition
  • Section 528
  • Bharatiya Nagarik Suraksha Sanhita
  • POCSO Act
  • civil court orders

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.157 of 2026
                     Arising Out of PS. Case No.-24 Year-2024 Thana- ANTICHAK District- Bhagalpur
                 ======================================================
                 Mukesh Pahariya

                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar, through the District Magistrate Bhagalpur & Anr.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Diwakar Upadhyaya, Advocate
                 For the Respondent/s    :        Mr. S.C.4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   02-07-2026                 Present writ petition has been filed for setting aside

                   the order dated 17.07.2025 passed by the learned Additional

                   Sessions Judge-VII-cum-Exclusive Special Judge, POCSO Act,

                   Bhagalpur in POCSO Case No. 29 of 2024 arising out of

                   Antichak P.S. Case No. 24 of 2024.

                               2. The judicial orders of the Civil Court are not

                   amenable to writ jurisdiction under Article 226 of the

                   Constitution of India as has been held by the Hon’ble Supreme

                   Court in the case of Neeta Singh and Others Vs. State of Uttar

                   Pradesh and Others, 2024 SCC OnLine SC 5761.

                               3. Faced with the situation, learned counsel for the

                   petitioner seeks permission to convert the instant criminal writ

                   petition into a petition under Section 528 of Bharatiya Nagarik

                   Suraksha Sanhita, 2023.
           Patna High Court CR. WJC No.157 of 2026(2) dt.02-07-2026
                                                       2/2




                                  4. Permission is accorded.

                                  5. Learned counsel for the petitioner is permitted to

                     convert the present criminal writ petition into a petition under

                     Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023,

                     within two weeks.

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

                     the learned counsel for the petitioner towards conversion.

                                  7. 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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