Patna High Court
Mukesh PahariyaversusThe State of Bihar, through the District Magistrate Bhagalpur
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
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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