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Patna High Court

Furqan AlamversusThe State of Bihar through the Director General of Police (DGP), Bihar, Patna

Decided
Disposal
DISMISSED

Holding

The writ petition is not maintainable and is dismissed.

Summary

Furqan Alam filed a writ petition under Article 226 seeking a certiorari to quash criminal proceedings (complaint case 411/2022) pending before the Aurangabad Judicial Magistrate, alleging the complaint by Saima Arfa was false and malicious. The respondent argued that the criminal case was at the stage of argument and that writ jurisdiction does not extend to judicial orders of a trial court. The High Court relied on Supreme Court precedents (Neeta Singh v. State of U.P., Prakash Chand) stating that challenges to such orders must be made by appeal, revision, or under Article 227, not by writ. The Court noted that mediation had been attempted twice and failed, and that sending the matter again to mediation would serve no purpose. Consequently, the Court held the writ petition was not maintainable and dismissed it.

Issues considered

  • Whether a writ petition under Article 226 can be filed to quash criminal proceedings pending before a trial court.
  • Whether the petitioner can obtain a stay of the criminal trial through a writ when mediation attempts have failed.
  • Whether judicial orders of a criminal trial court are amenable to writ jurisdiction under Article 226.

Legislation cited

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1866 of 2025
                 Arising Out of PS. Case No.-411 Year-2022 Thana- AURANGABAD COMPLAINT CASE
                                                  District- Aurangabad
                 ======================================================
                 Furqan Alam S/o Zahiruddin Ansari Resident of Ward No. 3, Baradari
                 Mohalla, Purani Sahar Daudnagar, P.S.- Daud Nagar, District- Aurangabad.
                 Presently posted in the office of Comman dant 104, Brn. BSF Khasiamangal,
                 Taliamura (Tripurra)

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Director General of Police (DGP), Bihar,
                 Patna Bihar
           2.    Smt. Saima Arfa @ Saima Aasfa W/o Furqan Ahmad, D/o- Md. Isheteyaq
                 Ahmad Resident of Ward No. 3, Baradari Mohalla- Purani, Shahar
                 Daudnagar, P.S.- Daudnagar, District- Aurangabad. At present R/o Village-
                 Balapokhar, P.S.- Deo, District- Auranagabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Rampravesh Nath Tiwari, Adv.
                 For the State           :     G.P. 11
                 For the Respondent no.2 :     Mr. Santosh Kr. Pandey, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   29-01-2026                 The present writ petition has been filed by the

                   petitioner seeking following reliefs:-

                                        “(i) For issuance of appropriate writ/
                                        writs in the nature of writ of certiorari
                                        for quashing of entire criminal
                                        proceedings pending against the
                                        petitioner in connection with complaint
                                        case No. 411/2022, Tr. No. 352/22
                                        (Saima Arfa Vs. Furqan Alam), pending
                                        before the court of Sri Shad Razaque
                                        Learned J.M. Ist Class, Aurangabad,
                                        Registered U/S-379, 323, 498A for the
                                        reason that the prosecution against the
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                               petitioner is totally false and malacious
                               and the same has initiated by respondent
                               No.2 to pressurize the petitioner to
                               ensure compliance of her unreasonable
                               demands.
                               (ii) For issuance of direction/ direction of
                               Court concern i.e. the Court of J.M. 1st
                               Class, Aurangabad to stay the
                               proceedings of complaint case No.
                               411/2022, Tr. No. 352/2022 against the
                               petitioner during pendency of the instant
                               writ application.
                               (iii) For issuance of any other relief /
                               reliefs for which the petitioner is entitled
                               to on the facts and circumstances of the
                               case.”

                      02. Learned counsel appearing on behalf of the

          respondent no. 2 submits that pursuant to Complaint Case No.

          411 of 2022, Tr. No. 352/22 pending before the learned JMFC,

          Aurangabad registered for the offences under Sections 379, 323,

          498A of the IPC, evidence of the parties have been recorded and

          the matter is fixed for arguments. Therefore, the present writ

          petition is not maintainable.

                      03. I find weight in the submission of the learned

          counsel for the respondent no. 2. Hon’ble Supreme Court in the

          case of Neeta Singh and Ors. Vs. State of U.P. & Ors., Special

          Leave to Appeal (Crl.) No(s). 13578/2024 has held that the

          judicial orders of the civil court are not amenable to writ

          jurisdiction under Article 226 of the Constitution and that

          jurisdiction under Article 227 is distinct from jurisdiction under
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          Article 226. It further held that challenge to judicial orders

          could lie by way of an appeal or a revision or under Article 227

          of the Constitution and not by way of a writ under Articles 226

          and 32. Further, Hon’ble Supreme Court in paragraph 15 has

          held as under:-

                                “15. In view of the decision in Prakash
                                Chand (supra), we hold that nomenclature
                                of a petition read with the substance thereof
                                does matter. Much depends on what the
                                subject matter of the petition is and who is
                                entrusted to hear and decide it. A Judge of
                                a high court having been assigned petitions
                                under Article 226 for hearing and decision
                                by its Chief Justice cannot, if he (the
                                Judge) finds that the petition filed under
                                Article 226 should have ideally been filed
                                under Article 227, treat the petition as one
                                under Article 227 and proceed to hear and
                                decide it, unless the Chief Justice has also
                                assigned to such Judge petitions under
                                Article 227 of the Constitution for hearing
                                and decision. If not so assigned, the
                                learned Judge may, in his discretion, direct
                                the petition to be treated as one under
                                Article 227 for being placed before the
                                learned Judge having assignment. This is
                                mandatory and, therefore, one finds the
                                caution sounded by this Court in the
                                opening sentence of paragraph 26 of Pepsi
                                Foods (supra) to be of extreme
                                significance.”

                        In the light of decision of the Supreme Court, it is

          clear that a writ petition is not maintainable against judicial

          orders. Moreover if cognizance have been taken, the writ

          petition does not remain entertainable.

                      04. Today the learned counsel for the petitioner
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          submits that the matter has a chance of settlement and the matter

          may be referred to the mediation centre for bringing out a

          settlement between the parties.

                      05. It has also been pointed out that the petitioner has

          earlier approached this Court in Cr. Misc. No. 59658 of 2022

          wherein submission was made that the parties have settled the

          dispute between them through the process of mediation and

          have been staying together and thereafter pre-arrest bail was

          granted to the petitioner. However the petitioner did not abide

          by the settlement as is claimed by the learned counsel appearing

          on behalf of the respondent no. 2. Further in Cr. Rev. No. 523 of

          2024 vide order dated 23.04.2025 the matter was again referred

          for mediation and admittedly the said mediation has again

          failed.

                      06. I consider the submission made on behalf of the

          petitioner to be only a tactics for buying time. When mediation

          has twice failed between the parties, which has been initiated at

          the instance of the learned Co-ordinate Benches and the matter

          has reached the stage of disposal before the learned trial court,

          no useful purpose will be served in again sending the case for

          mediation. If the petitioner is aggrieved by the proceeding

          before the learned trial court, the course open to the petitioner is
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                       to approach the appropriate forum in appropriate proceeding but

                       in no case in a writ proceeding under Article 226 of the

                       Constitution of India.

                                   07. Therefore, I do not find the present writ petition fit

                       to be maintainable and hence the same is dismissed.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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