Patna High Court
Sunil Kumar SinghversusThe State of Bihar through Chief Secretary, Government of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
Relief under Article 227 in a criminal matter requires filing a criminal miscellaneous petition, not a writ petition.
Summary
Sunil Kumar Singh petitioned the Patna High Court for a writ under Article 227 of the Constitution seeking an order for the speedy disposal of a pending criminal trial (TR No.1667/2025) before the Judicial Magistrate‑1, Siwan. The Court held that it cannot intervene directly in a judicial proceeding through a writ petition and that any relief under Article 227 in a criminal matter must be sought via a criminal miscellaneous petition as mandated by the Patna High Court Rules. Consequently, the Court granted permission to convert the present petition into a criminal miscellaneous petition, directing the office to cooperate and place the matter before the appropriate roster bench within two weeks. The order thus facilitates the petitioner’s request for a procedural avenue to obtain the desired supervisory direction.
Issues considered
- Whether a High Court can issue a writ under Article 227 directly in a criminal proceeding for expeditious trial
- Whether the procedural requirement of filing a criminal miscellaneous petition under the Patna High Court Rules applies to the relief sought
Legislation cited
- Constitution of India — s. Article 227
- Patna High Court Rules — s. Part A Chapter XII Rule 3 (iii), Part A Chapter XII Rule 3 (v)
Subjects
- Article 227
- writ jurisdiction
- criminal miscellaneous petition
- speedy trial
- high court procedural rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.16 of 2026
Arising Out of PS. Case No.-161 Year-2017 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Sunil Kumar Singh S/o Ram Krishna Singh R/o Village - Bansopali, P.S -
Siwan Mufassil, District - Siwan
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar Bihar
2. Bhola Prasad S/o Late Kamal Yadav R/o Village - Srinagar (Lakhrawn), P.S
- Siwan Muffasil, District - Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prashant Kumar, Advocate
Mr. Shivam Anand, Advocate
For the Respondent/s : Mr. Narendra Kr. Singh, AC to G.P-22
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 25-06-2026 The petitioner has approached this Court seeking
following relief (s) :-
“(i) For issuance of an appropriate writ,
order(s), and supervisory direction(s) under Article
227 of the Constitution of India for expeditious
progression and time-bound disposal of the pending
trial bearing TR No.1667/2025 arising out of Siwan
Mufassil P.S. Case No. 161/2017 currently pending
adjudication before the Ld. Judicial Magistrate-1,
Siwan in the facts and circumstances stated
hereinbelow.
(ii) For issuance of such other order or
direction for which the petitioner is found entitled to
in the facts and circumstances of the case”.
Patna High Court CR. WJC No.16 of 2026(2) dt.25-06-2026
2/3
02. Apparently, the petitioner is seeking direction to
the court of learned Judicial Magistrate-1, Siwan in judicial
proceeding. Under writ jurisdiction, this Court cannot pass any
orders intervening in a judicial proceeding. For the reliefs
sought by the petitioner, the remedy may be available to the
petitioner under Article 227 of the Constitution of India. But in
terms of Part A Chapter XII Rule 3 Sub Rule (iii) and (v) of
Patna High Court Rules, a criminal miscellaneous petition is
required to be filed for any relief sought under Article 227 of the
Constitution.
03. Faced with the situation, learned counsel for the
petitioner seeks permission to convert the present petition into a
criminal miscellaneous petition under Article 227 of the
Constitution of India.
04. Permission is accorded.
05. Learned counsel for the petitioner is permitted to
convert the present petition into a criminal miscellaneous
petition under Article 227 of the Constitution of India within
two weeks.
06. Office is directed to extend all cooperation
towards conversion.
07. After conversion, office is directed to place the
Patna High Court CR. WJC No.16 of 2026(2) dt.25-06-2026
3/3
matter before the appropriate roster Bench.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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