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Patna High Court

STYENDRA PRASAD @ SATENDRA RAIversusThe State of Bihar through the Secretary-cum-Mines Commissioner Bihar,

Decided
Disposal
CONVERTED

Holding

The Court may, at its discretion, allow a criminal writ jurisdiction petition to be converted into a criminal revision petition.

Summary

The petitioner, Styendra Prasad, filed a criminal writ jurisdiction petition challenging actions of various state officials and agencies. He sought the Court’s permission to convert this writ petition into a criminal revision petition. The learned counsel for the petitioner argued that conversion was necessary to address the substantive issues. The Court, exercising its inherent jurisdiction, considered whether such a procedural conversion was permissible. It held that the petitioner was entitled to be allowed to convert the petition, as there is no bar to such a conversion under procedural law. Accordingly, the Court granted permission and directed the petitioner to file a criminal revision petition within two weeks, ordering the office to extend full cooperation.

Issues considered

  • Whether the Court may permit a criminal writ jurisdiction petition to be converted into a criminal revision petition

Subjects

  • criminal writ jurisdiction
  • criminal revision
  • procedural conversion
  • high court jurisdiction
  • petition conversion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.2458 of 2025
                       Arising Out of PS. Case No.-117 Year-2024 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Styendra Prasad @ Satendra Rai S/o Late Laxmi Narayan Ray @ Laxmi
                 Narayan Rai R/o Vill - Maudehi, P.O. - Katesar, P.S.- Bihta, Dist. - Patna,
                 Bihar.
                                                                            ... ... Petitioner
                                                   Versus
           1.     The State of Bihar through the Secretary-cum-Mines Commissioner Bihar,
                  Patna.
           2.    The Director General of Police, Bihar, Patna
           3.    The Superintendent of Police, Bhojpur at Ara Bihar
           4.    The Dy. S.P. Sadar 02 at Bhojpur, Ara Bihar
           5.    The S.H.O. Koilwer, Bhojpur Bihar
           6.    The I.O. Koilwer P.S. Case no. 117 of 2024 Bihar
           7.    The District Mining Officer, Bhojpur at Ara Bihar
           8.    The Mines Inspector District Mining Office, Bhojpur at Ara Bihar
           9.    The Chief Judicial Magistrate Bhojpur at Ara Bihar
           10. The District Transport Officer, Bhojpur at Ara Bihar

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Ravi Kant Kumar, Advocate
                 For the State             :       Mr. Kumar Manish, S.C.- 5
                 For the Mines             :       Mr. Naresh Dikshit, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   27-01-2026                        Heard learned counsel for the parties.

                                      2. Learned counsel for the petitioner seeks

                   permission to convert the present Criminal Writ Jurisdiction

                   petition into Criminal Revision petition.

                                      3. Permission, as prayed for, is accorded.

                                      4. Learned counsel for the petitioner is directed to

                   convert the present Criminal Writ Jurisdiction petition into
          Patna High Court CR. WJC No.2458 of 2025(2) dt.27-01-2026
                                                      2/2




                    Criminal Revision petition within a period of two weeks.

                                    5. Office is directed to extend all cooperation.



                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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