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Patna High Court

Manish Kumar Shrivastava @ Manish Shrivastava @ Manish KumarversusThe State of Bihar through the Chief Secretary, Govt. of bihar, Patna

Decided
Disposal
DISMISSED

Holding

A writ petition that combines multiple disparate reliefs is not maintainable and must be dismissed.

Summary

The petitioners, a family of six members, filed a writ petition in the Patna High Court seeking a multitude of reliefs including certiorari, mandamus, prohibition, and habeas corpus against various state officials and courts, alleging malicious prosecution, illegal detention, and violation of natural justice. They claimed that several criminal, maintenance, and execution proceedings against them were false, abusive, and initiated to harass them. The Court examined whether a single writ petition could entertain such disparate reliefs spanning different jurisdictions and remedies. Relying on precedents, the Court held that a writ petition containing multiple, varied reliefs is not maintainable as a single proceeding. Consequently, the petition was dismissed, with the Court directing the petitioners to approach appropriate forums for each grievance.

Issues considered

  • Whether a single writ petition seeking multiple disparate remedies (certiorari, mandamus, prohibition, habeas corpus) is maintainable under writ jurisdiction.

Legislation cited

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • prohibition
  • habeas corpus
  • abuse of process
  • illegal detention
  • compensation
  • criminal procedure
  • natural justice

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.3060 of 2025
     ======================================================
1.    Manish Kumar Shrivastava @ Manish Shrivastava @ Manish Kumar Son of
      Umesh Nandan Prasad Resident of village- Kailashpuri, ward no. 45, Ps-
      Dumara, Dist- Sitamarhi At P/A- Musapur, Ps- Samastipur (M), Dist-
      Samastipur, Bihar, (Wrong Address given as -Krishnapuri, West of Indra
      Nagar, Ps- Samastipur (M), Dist- Samastipur
2.   Umesh Nandan Nirala @ Umesh Nandan Prasad son of Vishnudev Narayan
     Verma Resident of village- Kailashpuri, ward no. 45, Ps- Dumara, Dist-
     Sitamarhi At P/A- Musapur, Ps- Samastipur (M), Dist- Samastipur, Bihar,
     (Wrong Address given as -Krishnapuri, West of Indra Nagar, Ps- Samastipur
     (M), Dist- Samastipur
3.   Renu Devi @ Renu Shrivastava Wife of Umesh Nandan Prasad Resident of
     village- Kailashpuri, ward no. 45, Ps- Dumara, Dist- Sitamarhi At P/A-
     Musapur, Ps- Samastipur (M), Dist- Samastipur, Bihar, (Wrong Address
     given as -Krishnapuri, West of Indra Nagar, Ps- Samastipur (M), Dist-
     Samastipur
4.   Rajnish Shrivastava @ Rajnish Kumar shrivastava Son of Umesh Nandan
     Prasad Resident of village- Kailashpuri, ward no. 45, Ps- Dumara, Dist-
     Sitamarhi At P/A- Musapur, Ps- Samastipur (M), Dist- Samastipur, Bihar,
     (Wrong Address given as -Krishnapuri, West of Indra Nagar, Ps- Samastipur
     (M), Dist- Samastipur
5.   Rohit Shrivastava @ Rohit Kumar Shrivastava Son of Umesh Nandan
     Prasad Resident of village- Kailashpuri, ward no. 45, Ps- Dumara, Dist-
     Sitamarhi At P/A- Musapur, Ps- Samastipur (M), Dist- Samastipur, Bihar,
     (Wrong Address given as -Krishnapuri, West of Indra Nagar, Ps- Samastipur
     (M), Dist- Samastipur
6.   Lovely Kumari Daughter of Umesh Nandan prasad Resident of village-
     Kailashpuri, ward no. 45, Ps- Dumara, Dist- Sitamarhi At P/A- Musapur, Ps-
     Samastipur (M), Dist- Samastipur, Bihar, (Wrong Address given as
     -Krishnapuri, West of Indra Nagar, Ps- Samastipur (M), Dist- Samastipur

                                                                 ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2.   The Principal Secretary, Home dept. Govt. of Bihar, Patna
3.   The Director General of Police, Bihar Patna
4.   The District Magistrate, Samastipur
5.   The Superintendent of Police, Samastipur
6.   The Sub-Divisional Magistrate, (SDM), Samastipur
7.   The Officer-in-charge, Muffasil Ps, Dist- Samastipur
8.   The Presiding officer, family Court, Samastipur (in Official capacity, for
     having mechanically passed an ex-parte order dated 07-12-2016, in cr.pc,
     125 case no. 29 of 2015 and initiating execution Case no. 36 of 2017 without
     considering Petitioner's Submissions, thereby showing bias and violation of
     Natural Justice)
         Patna High Court CR. WJC No.3060 of 2025(3) dt.12-02-2026
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           9.    The Presiding officer, ACJM II, Samastipur (in Official capacity, for having
                 mechanically passed monetary relief order dated 27-01-2023, in DV, act,
                 Case no. 03 of 2021, without considering Petitioner's Submissions, thereby
                 showing bias and violation of Natural Justice)
           10. Priti Raj wife of Avdhesh Sinha @ Avdhesh Kumar Sinha The Secretary,
               Aditi Samaj Sewa Sansthan, Official Address of NGO Punjabi, Colony, Gali
               No. 01, Samastipur At Present Resident of village- Shambhupatti,
               (Chandopatti), Ps- Samastipur (M), Dist- Samastipur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manish Kumar, Advocate
                 For the Respondent/s     :       Ms. Roona, AC to GP-7
                                                  Mr. Sanjay Kumar, AC to GP-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   12-02-2026                 Vide order dated 27.01.2026, an explanation was

                   called for from the official concerned for not pointing out the

                   defect about wrong mentioning of the provisions in the present

                   writ petition. The concerned ASO of Criminal Stamp Reporting

                   Section has submitted his explanation wherein he has submitted

                   that inadvertently he missed the defect and he tenders his

                   unconditional apology and undertakes that he would do his duty

                   with more care and promptness and such mistake would not

                   occur in future.

                               2. Explanation is accepted with a warning to remain

                   careful in future, otherwise stern action will be taken.

                               3. The present petition has been filed seeking the

                   following reliefs:-

                                        “(i) For issuance of appropriate writ/writs,
                                        order/orders or direction/directions in the
                                        nature of Certiorari for quashing the entire
Patna High Court CR. WJC No.3060 of 2025(3) dt.12-02-2026
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                             proceedings by exercising powers under
                             sections 482 of the Cr.P.C of (a) Samastipur
                             (M) P.S. Case No.-219/2013, (b) Maintenance
                             Case No-29/2015 (ex parte order dated 07-
                             12-2016), (C) Execution Case Ne-36/2017,
                             and consequential orders including order
                             dated, 17-04-2025 (d) D.V Case No.-3/2021
                             pending before the Learned District Court,
                             Samastipur and its subordinate/companion
                             Courts, at Samastipur Court, as the same are
                             manifestly, false, malicious and an abuse of
                             the process of law, having been instituted
                             maliciously to harass the petitioners.
                             State of Haryana V. Bhajan Lal, 1992. Supp
                             (1) SCC 335 (guidelines on quashing where
                             proceedings are malicious or abuse of
                             process).
                             (ii),(a) For issuance of appropriate Writs,
                             Order or direction/s in the mature of
                             Mandamus commanding the state-respondents
                             and their instrumentalities not to execute or
                             enforce the Ex Parte maintenance onder
                             dated-07-12-2016 passed in M.Case No.-
                             29/2015, since the same was obtained by
                             fraud, suppression of material facts, and
                             without proper Service of notice to the present
                             petitioner No.-01
                             A.V. Papayya Sastry V. Govt. of A.P., (2007) 4
                             SCC 221 (fraud vitiates all acts)
                             (ii),(b) Issue a Writ of Mandamus directing
                             the respondent State to ensure no further
                             harassment of the petitioners in connection
                             with the said disputes and also directing
                             registration of F.I.R on petitioner's complaints
                             regarding illegal custody, defamation and
                             harassment.
                             (ii),(c) Issue a Writ of Mandamus directing the
                             respondents to compensate the petitioners for
                             his unlawful arrest, detention and malicious
                             prosecution
                             (iii), (a) For issuance of an appropriate
                             writ/s, order/s or direction/s in the nature of
                             Prohibition restraining the Learned Courts
Patna High Court CR. WJC No.3060 of 2025(3) dt.12-02-2026
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                             below from proceeding further in the
                             aforesaid criminal/maintenance cases against
                             the petitioner during the pendency of the
                             present writ application, in order to protect
                             the petitioner from irreparable loss,
                             harassment, and multiplicity of proceedings.
                             East India Commercial Co. Ltd. V. Collector
                             of Customs, AIR 1962 SC 1893 (Prohibition
                             lies where proceedings are without
                             Jurisdiction or in abuse of process).
                             (iii),(b) Issue a writ of prohibition, restraining
                             the learned Courts below from entertaining or
                             proceeding further in the aforesaid cases, as
                             their Continuance would amount to
                             harassment and denial of justice, relying upon
                             the ratio in Pepsi Foods Ltd. V. Special
                             Judicial Magistrate (1998) 5 SCC 749.
                             (iv),(a) For issuance of an appropriate writ/s
                             order/s or direction/s in the nature of Habeas
                             Corpus (limited purpose post release)
                             declaring that the arrest and detention of the
                             present petitioner No.-01 (1) from 16-05-2013
                             to 22-07-2013 in connection with false
                             implication at Mufassil P.S., Samastipur, and
                             (2) from 17-04-2025 to 16-05-2025 pursuant
                             to execution of the ex-parte maintenance
                             order, were wholly illegal unconstitutional,
                             void arbitrary and violative Articles 21 and
                             22 of the Constitution of India, and
                             consequently directing the State to
                             compensate the petitioner for his repeated
                             illegal custody and custodial torture.
                             Nilabati Behera V. State of Orissa, (1993) 2
                             SCC 746 (Compensation for illegal custody)
                             Batra V. State of Haryana (1983) 3 SCC 61
                             (Habeas Corpus maintainable even post-
                             release to examine legality of detention)
                             (iv),(b) Issue a limited writ of Habeas Corpus
                             declaring the detention of the petitioner
                             during execution proceedings as unlawful,
                             and violence of Article 21, in view of the
                             binding precedent in Sunil Batra v/s-Delhi
                             Administration (1979)
Patna High Court CR. WJC No.3060 of 2025(3) dt.12-02-2026
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                             (iv), (c) To declare the arrest and detention of
                             the petitioner No.-01 in the year 2013 and
                             unlawful and mollified, and to grant
                             appropriate      compensation      for   illegal
                             incarceration and mental harassment caused.
                             (iv), (d) Direct the Respondents to pay
                             compensation for illegal custody, mental,
                             trauma, and reputational loss.
                             (iv), (e) Award of Compensation of Rs.-25
                             Lacs (Rupees 25 Lakhs only for unlawful
                             detention and mental agony suffered by the
                             petitioners as per Rudal Sah Vs. State of
                             Bihar [(1983) 4 SCC 141)]
                             (iv), (f) Direct inquiry into the circumstances
                             of detention and award just compensation to
                             the petitioner No.-01 for unlawful detention
                             and torture.
                             (v) For issuance of an appropriate order/s or
                             direction/s under Section 482 Cr.P.C to secure
                             the ends of Justice by quashing all false and
                             malicious criminal proceedings initiated at
                             the behest of respondent No.-10 and her
                             associates, and to prevent further misuse of
                             criminal law machinery against the petitioner
                             No.-01 and his family.
                             Pepsi Foods Ltd. vs. Special Judicial
                             Magistrate, (1998) 5 SCC 749 (inherent
                             powers to prevent abuse of process and
                             secure ends of Justice).
                             (vi) For issuance of such other an appropriate
                             writ/s, order/s or direction/s as this Hon'ble
                             Court may deem fit and proper in the facts
                             and circumstances of the present case,
                             including;
                             (vi),(a) Protection of the petitioner, who has
                             been falsely projected as the "(so-called
                             husband)" of respondent No.-10, and his
                             family members from any further false
                             implication and harassment.
                             (vi),(b)Directing     departmental/disciplinary
                             action against the erring police officials and
                             other authorities who colluded with private
                             respondents in illegally arresting and
          Patna High Court CR. WJC No.3060 of 2025(3) dt.12-02-2026
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                                       detaining the petitioner.
                                       (vi),(c)Awarding exemplary costs and suitable
                                       compensation with interest for the repeated
                                       malicious     prosecution   and     custodial
                                       harassment suffered by the present petitioner
                                       No.-1
                                       Rajesh Sharma V. State of U.P., (2017) 8
                                       SCC 821 (guidelines against misuse of
                                       criminal law to harass "husband and his
                                       relatives" applicable here as" So- called
                                       husband"),
                                       Nilabati Behera V. State of Orissa, (1993) 2
                                       SCC 746 (compensation for illegal
                                       custody).”

                                4. Apparently, the present writ petition has been filed

                    seeking a number of reliefs of different nature. From the relief

                    sought by the petitioners, it appears that the petitioners are also

                    aggrieved by the some judicial orders. At the same time, writ of

                    hebeas corpus has also been incorporated in the relief portion.

                    For such multifarious type of reliefs, single writ petition is not

                    maintainable and, hence, the same is dismissed.

                                5. However, the petitioners are at liberty to have

                    recourse of law before the appropriate forum in appropriate

                    proceeding.



                                                            (Arun Kumar Jha, J)

V.K.Pandey/-

U


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