Patna High Court
DHARMRAJ SINGH @ DHARMRAJversusThe State of Bihar, thorugh Director General Police, Bihar, Patna.
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the writ petition cannot be entertained as cognizance has already been taken and permitted conversion to a criminal revision petition.
Summary
Dharmraj Singh & Anr filed a criminal writ jurisdiction petition challenging the FIR (Sonpur P.S. Case No. 187 of 2021) after cognizance had already been taken by the court. The petitioners argued that the writ petition was maintainable, while the respondent contended that the matter was already before the court. The bench relied on the Supreme Court's decision in Neeta Singh & Ors. v. State of Uttar Pradesh (2024 SCC OnLine SC 5761), which held that judicial orders are not amenable to writ jurisdiction once cognizance is taken. Consequently, the High Court concluded that the FIR could not be challenged through a writ petition. The petitioner was allowed to convert the criminal writ petition into a criminal revision petition. The court directed the petitioner’s counsel to file the conversion within two weeks and ordered the office to cooperate.
Issues considered
- Whether a criminal writ jurisdiction petition is maintainable when cognizance of the FIR has already been taken
- Whether an FIR can be challenged through a writ petition after cognizance
- Whether the petitioner may convert the writ petition into a criminal revision petition
Subjects
- criminal writ jurisdiction
- cognizance
- FIR challenge
- criminal revision
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.506 of 2022
Arising Out of PS. Case No.-187 Year-2021 Thana- SONEPUR District- Saran
======================================================
Dharmraj Singh @ Dharmraj & Anr.
... ... Petitioners
Versus
The State of Bihar & Ors.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
12 12-01-2026 Heard the parties.
2. Learned counsel for the petitioners submits that
when the petition was filed, cognizance had already been taken.
However, the learned co-ordinate Bench proceeded in the matter
and issued notices.
3. Recently, the Hon’ble Supreme Court in the case
of Neeta Singh & Ors. v. The State of Uttar Pradesh & Ors.,
reported in 2024 SCC OnLine SC 5761 has held that the
judicial orders are not amenable to writ jurisdiction. More so,
when cognizance has already been taken in the present case. I
am of the opinion that the subject matter of challenge to the FIR
of Sonpur P.S. Case No. 187 of 2021 could not be entertained
due to further proceeding which has already taken place in the
matter.
4. In these circumstances, learned counsel for the
Patna High Court CR. WJC No.506 of 2022(12) dt.12-01-2026
2/2
petitioner seeks permission to convert the present Criminal Writ
Jurisdiction petition to Criminal Revision petition.
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 Revision petition within a period of two weeks.
7. Office is directed to extend all cooperation.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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