Patna High Court
SHIVA NARAYAN SINGHversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
Judicial orders cannot be challenged under Article 226 writ jurisdiction, and petitions under Article 227 must be filed as criminal miscellaneous petitions.
Summary
The petitioners challenged a 2022 order of the 1st Additional Sessions Judge, Darbhanga, which had rejected their criminal revision against a 2020 order of the SDM, Sadar, Darbhanga. They filed a writ petition under Article 226 and Article 227 of the Constitution in the Patna High Court, seeking relief against the judicial order. The Court noted Supreme Court precedents that judicial orders are not amenable to writ proceedings under Article 226 and that Article 227 jurisdiction is distinct and must be pursued under criminal miscellaneous jurisdiction as per Patna High Court Rules. Consequently, the Court granted permission to convert the criminal writ petition into a criminal miscellaneous petition. The petitioners were directed to effect the conversion within two weeks, and the Court ordered cooperation from the office.
Issues considered
- Whether a judicial order can be challenged through a writ petition under Article 226 of the Constitution
- Whether a petition invoking Article 227 must be filed under criminal miscellaneous jurisdiction as per Patna High Court Rules
Subjects
- Article 226
- Article 227
- writ jurisdiction
- criminal miscellaneous jurisdiction
- Patna High Court Rules
- conversion of petition
- jurisdictional limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.469 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Darbhanga
======================================================
Shiva Narayan Singh & Anr.
... ... Petitioners
Versus
The State of Bihar & Ors.
... ... Respondents
======================================================
Appearance :
For the Petitioners : Mr. Prashant Sinha, Advocate
For the Respondents : Mr. Md. Khurshid Alam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 12-01-2026 Heard the parties.
2. The petitioners have challenged the order dated
22.02.2022 passed by the 1st Additional Sessions Judge,
Darbhanga in Cr. Revision No. 77 of 2020, whereby the
criminal revision preferred by the petitioners against the order
dated 21.01.2020 passed by learned SDM, Sadar, Darbhanga in
M.R. No. 2797 of 2019 has been rejected.
3. The petitioner has approached this Court in its
writ jurisdiction under Article 226 and also under Article 227 of
the Constitution of India challenging a judicial order. The
Hon’ble Supreme Court in the case of Neeta Singh & Ors. v.
The State of Uttar Pradesh & Ors., in Special Leave to Appeal
(Crl.) No(s). 13578 of 2024, reported in 2024 SCC OnLine SC
5761 has held that judicial orders are not amenable to challenge
Patna High Court CR. WJC No.469 of 2022(4) dt.12-01-2026
2/3
in writ proceeding. So far as filing of the writ petition under
Article 227 of the Constitution of India is concerned, the
Hon’ble Supreme Court in the case of Radhey Shyam & Anr. v.
Chhabi Nath & Ors., reported in (2015) 5 SCC 423 has held
that jurisdiction under Article 227 of the Constitution of India is
distinct from writ jurisdiction under Article 226 of the
Constitution of India. The Hon’ble Supreme Court further in the
same case that in some High Courts there is tendency of
entertaining petition under Article 227 of the Constitution of
India by terming them as writ petition. In Part A, Chapter XII,
Sub Rule (v) of Rule 3 of Patna High Court Rules provide as
under:
“(v) Petitioner under Article-227 of the
Constitution of India in respect of any order or any
proceeding before any Criminal Court would be
filed in Criminal Miscellaneous Jurisdiction.”
Therefore, a petition under Article 227 of the
Constitution of India needs to be filed under Criminal
Miscellaneous jurisdiction. It is also pertinent to note here that
the roster of Article 227 of the Constitution of India has not
been assigned to this Court.
4. Faced with this situation, learned counsel for the
petitioner seeks permission to convert the present Criminal Writ
Jurisdiction petition into Criminal Miscellaneous petition.
Patna High Court CR. WJC No.469 of 2022(4) dt.12-01-2026
3/3
5. Permission, as prayed for, is accorded.
6. Learned counsel for the petitioner is directed to
convert the present Criminal Writ Jurisdiction petition into
Criminal Miscellaneous petition within a period of two weeks.
7. Office is directed to extend all cooperation
towards the conversion.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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