Patna High Court
Ram Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
The writ court cannot interfere with a criminal trial after cognizance and recording of evidence; the petition must be converted into a criminal miscellaneous petition under Section 482 of the CrPC.
Summary
Ram Sagar Kumar, the petitioner, married the alleged victim Sugga Kumari after being charged in Turkauliya P.S. Case No. 673 of 2022 for offences under Sections 363, 366, 376, 504, 506/34 of the IPC and Section 4 of the POCSO Act. He surrendered on 31.01.2026 and is in custody. He sought to quash the criminal proceedings on the ground of compromise and marriage, filing a writ petition under Article 226. The High Court held that once cognizance has been taken and prosecution evidence recorded, the writ court cannot intervene, and the appropriate remedy is to approach the court under its inherent jurisdiction via a criminal miscellaneous petition under Section 482 of the CrPC/528 of BNSS. The court allowed the petitioner's prayer to convert the writ petition into such a proceeding and directed conversion within four weeks, with the office to cooperate.
Issues considered
- Whether a writ petition under Article 226 can be entertained to quash criminal proceedings after the trial court has taken cognizance and recorded prosecution evidence.
- Whether the petitioner can seek relief by converting the writ petition into a criminal miscellaneous petition under Section 482 of the CrPC/528 of BNSS.
Legislation cited
- BNSS — s. 528
- Code of Criminal Procedure, 1973 — s. 482
- Constitution of India — s. Article 226
- Indian Penal Code — s. 363, 366, 376, 504, 506/34
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- criminal law
- writ jurisdiction
- Article 226
- Section 482 CrPC
- quash of criminal proceedings
- marriage settlement
- compromise
- POCSO Act
- IPC offences
- inherent jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1994 of 2025
Arising Out of PS. Case No.-673 Year-2022 Thana- TURKAULIYA District- East
Champaran
======================================================
Ram Sagar Kumar S/o Rameshwar Ram Resident Of Village Mathurapur, Ps.
Turkauliya, Distt- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar through the Secretary, Home Department, Bihar, Patna
BIHAR. Bihar
3. The Director General of Police, Bihar, Patna Bihar, Patna. Bihar
4. The Inspector General of Police, Tirhut Range, Muzaffarpur Muzaffarpur
Bihar
5. The Deputy Inspector General of Police, East Champaran at Motihari E
Champaran. Bihar
6. The Senior Superintendent of Police, East Champaran at Motihari Eat
Champaran. Bihar
7. The Deputy Superintendent of Police, Sadar Motihari, District-East
Champaran East Champaran. Bihar
8. The Station House Officer, Turkauliya P.S., District-East Champaran East
Champaran. Bihar
9. Sugga Kumari Daughter of Sri Shambhu Ram Resident of Village-
Mathurapur, P.S.- Turkauliya, District- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Pandey, Advocate
For the Respondent/s : Ms. Vijaya Laxmi Srivastava, AC to SC-23
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 23-02-2026 Learned counsel for the petitioner submits that in
terms of the order dated 19.12.2025 of the learned Co-ordinate
Bench, a joint supplementary affidavit was to be filed by the
petitioner after getting married to the victim, but the same could
not be filed as the petitioner was required to surrender after the
expiry of period of provisional bail and therefore, the individual
affidavits of the petitioner as well as wife have been filed
Patna High Court CR. WJC No.1994 of 2025(3) dt.23-02-2026
2/3
regarding factum of solemnization of marriage between them.
2. Learned counsel for the petitioner further submits
that the petitioner surrendered before the learned trial court on
31.01.2026 and since then he is in custody. Learned counsel also
submits that in the light of compromise and solemnization of
marriage, Turkaulia P.S. Case No. 673 of 2022, registered for
the offences under Sections 363, 366, 376, 504, 506/34 of the
Indian Penal Code and Section 4 of the POCSO Act may be
quashed. Learned counsel further submits that the evidence of
prosecution witnesses have been recorded before the learned
trial court and the matter has kept pending by the learned trial
court for the statement of the family members of the victim.
3. Since the trial has commenced before the learned
trial court and prosecution evidence has been recorded, this
Court in its writ jurisdiction under Article 226 of the
Constitution cannot intervene in the matter as it has been held in
catena of decisions that once cognizance has been taken, the
writ court cannot invoke its jurisdiction. Therefore, the remedy
for the petitioner is to approach this Court in inherent
jurisdiction under Section 482 of the CrPC/528 of BNSS and
not under writ jurisdiction of this Court due to the fact that
cognizance has already been taken and the matter has reached
Patna High Court CR. WJC No.1994 of 2025(3) dt.23-02-2026
3/3
the stage of recording of prosecution evidence.
4. At this stage, learned counsel for the petitioner
seeks permission to convert the present writ petition into an
appropriate proceeding.
5. Prayer is allowed.
6. Learned counsel for the petitioner is directed to
convert the present writ petition into criminal miscellaneous
petition under Section 482 of CrPC/528 of BNSS, within four
weeks.
7. Office is directed to extend all cooperation towards
conversion.
(Arun Kumar Jha, J)
DKS/-
U
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