Created by Fuzzy Cloud

Patna High Court

Sashi Bhushan NarayanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is not maintainable and is dismissed because judicial orders of criminal courts cannot be challenged under Article 226 without a specific roster under Article 227 or Section 528 BNSS.

Summary

Petitioners Sashi Bhushan Narayan and Tetri Devi filed a writ petition under Article 226 of the Constitution seeking to set aside an order of taking cognizance dated 09.10.2023 by the Exclusive Special Judge (SC/ST) in Gaya for offences under various IPC sections and the SC/ST (Prevention of Atrocities) Act. The petition argued that the High Court could entertain the writ despite the nature of the order and relied on decisions of Ramawatar and Gulam Mustafa. The Court examined Supreme Court precedents, notably Radhey Shyam, Neeta Singh & Ors., and Pradnya Pranjal Kulkarni, which hold that judicial orders of criminal courts are not amenable to writ jurisdiction under Article 226 unless a specific roster under Article 227 or Section 528 BNSS is assigned. The Court found the reliance on Ramawatar and Gulam Mustafa inapplicable as those cases dealt with inherent powers under Section 482 CrPC, not Article 226. Consequently, the petition was held to be filed on a misconceived basis and was dismissed as not maintainable.

Issues considered

  • Whether a writ petition under Article 226 can be entertained to challenge a judicial order of taking cognizance by a criminal court.
  • Whether the nomenclature of the petition (Article 226 vs. Article 227 or Section 528 BNSS) affects its maintainability.

Legislation cited

Subjects

  • Article 226
  • writ jurisdiction
  • criminal court orders
  • taking cognizance
  • SC/ST Act
  • nomenclature
  • maintainability
  • High Court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.202 of 2026
                       Arising Out of PS. Case No.-444 Year-2022 Thana- SHERGHATI District- Gaya
                 ======================================================
           1.     Sashi Bhushan Narayan Son of Late Chedi Narayan Resident of Village-
                  Padumchak Barachatti, Post and P.S.- Barachatti, District- Gaya, At present
                  resident of Village- Badhi Tola, P.S.- Sherghati, District- Gaya
           2.    Tetri Devi Wife of Sashi Bhushan Narayan Resident of Village - Padumchak
                 Barachatti, Post- Barachatti, District- Gaya, at present resident of Village-
                 Badhi Tola, P.S.- Sherghati, District- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Senior Superintendent of Police Gaya.
           3.    The Sub Divisional Police Officer, Sherghati Gaya
           4.    The Station House Officer, Sherghati Police Station Gaya.
           5.    The Investigating Officer of Sherghati P.S. Case No. 444/2022 dated
                 03.06.2022 Sherghati Police Station, Gaya.
           6.    Premni Kumari Wife of Surendra Das Resident of Mohalla- Lagan Taakiya,
                 P.S.- Sherghati, District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Amit Kumar Singh, Advocate
                                                  Mr. Sumit Kumar Singh
                 For the Respondent/s    :        Dr. Md. Raisul Haque, S.C.10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   03-07-2026                   Heard the learned counsel for the petitioners.

                                 2. The present writ petition has been filed for setting

                   aside the order taking cognizance dated 09.10.2023 passed by

                   the learned Exclusive Special Judge, SC/ST (Prevention of

                   Atrocities) Act, Gaya in connection with Sherghati P.S. Case

                   No. 444 of 2022 whereby and whereunder the learned trial court

                   has taken cognizance for offences under Sections 341, 323, 420,
Patna High Court CR. WJC No.202 of 2026(2) dt.03-07-2026
                                            2/5




          406, 376, 354(B) and 511 of the Indian Penal Code and Section

          3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes

          (Prevention of Atrocities) Act, 1989 and directed for issuance of

          summons against the petitioners.

                       3. Since the petitioners have approached this Court

          against a judicial order taking cognizance, obviously the writ

          petition under Article 226 of the Constitution of India is not

          maintainable.

                       4. However, learned counsel for the petitioner submits

          that this Court can entertain the writ petition under Article 226

          of the Constitution for quashing of the judicial orders and

          nomenclature does not matter whether it is filed under Article

          226 or Article 227 or Section 528 BNSS. In support of his

          contention, he placed reliance on the decision in the case(s) of

          Ramawatar Vs. State of Madhya Pradesh, (2022) 13 SCC 635

          and Gulam Mustafa Vs. State of Karnataka & Anr., (2023) 18

          SCC 265.

                       5. The Hon’ble Supreme Court in Radhey Shyam v.

          Chhabi Nath, (2015) 5 SCC 423 has held that judicial orders of

          the civil court are not amenable to writ jurisdiction under Article

          226 of the Constitution. Thereafter relying upon the decision of

          Radhey Shyam (supra), the Hon’ble Supreme Court in the case
Patna High Court CR. WJC No.202 of 2026(2) dt.03-07-2026
                                            3/5




          of Neeta Singh & Ors. Vs. The State of Uttar Pradesh & Ors,

          2024 SCC OnLine SC 5761 in paragraph-5 held as under:

                                  “5. Although Radhey Shyam (supra) dealt
                             with judicial orders passed by civil courts,
                             there cannot be a different standard for judicial
                             orders passed by criminal courts. If a judicial
                             order passed by a civil court cannot be
                             challenged in a writ petition under Article 226
                             of the Constitution, a fortiori, a judicial order
                             passed by a criminal court cannot also be
                             challenged in a writ petition under Article
                             226.”


                       6. In the case of Neeta Singh & Ors. (supra), the

          Hon’ble Supreme Court has further held that nomenclature does

          matter and held in Paragraph-15 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
Patna High Court CR. WJC No.202 of 2026(2) dt.03-07-2026
                                            4/5




                             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.”


                       7. Further, in the case of Pradnya Pranjal Kulkarni

          Vs. State of Maharashtra and Another, 2025 SCC OnLine SC

          1948, the Hon’ble Supreme Court held that the High Court was

          not correct in dismissing the petition as while passing the

          impugned order, the bench was having both the rosters of Article

          226 of the Constitution of India and Section 482 CrPC/Section

          528 BNSS.

                       8. Cumulative reading of these two decisions of the

          Hon’ble Supreme Court i.e. Neeta Singh & Ors. (supra) and

          Pradnya Pranjal Kulkarni (supra) makes it clear that unless a

          certain roster under Article 227 or Section 528 BNSS is assigned

          to the same Court which is hearing the writ petition under

          Article 226, the writ Court cannot entertain any writ against any

          judicial order. So far as reliance placed by the learned counsel

          for the petitioner upon the decisions of Ramawatar (supra) and

          Gulam Mustafa (supra) is concerned, both the matters deal with

          inherent powers of the High Court under Section 482 of CrPC

          and thus those decisions are in no way concerned with the

          powers of Court under Article 226 of the Constitution in
           Patna High Court CR. WJC No.202 of 2026(2) dt.03-07-2026
                                                       5/5




                     entertaining a writ against judicial orders. It goes without saying

                     that judicial orders do not infringe upon rights of a person which

                     would make such order amenable to the writ jurisdiction under

                     Article 226 of the Constitution.

                                  9. In the light of discussion made hereinbefore, I am

                     of the opinion that the present writ petition has been filed by the

                     petitioners under misconceived notion and could not be

                     entertained by this Court under Article 226 of the Constitution.

                     Hence, the present writ petition is dismissed as not

                     maintainable.



                                                       (Arun Kumar Jha, J)
Ashish/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.