IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.119 of 2026 Arising Out of PS. Case No.-150 Year-2021 Thana- ARIYARI District- Sheikhpura ====================================================== Devnandan Singh S/o- Late Ramji Singh Village- Kemra Post- Diha PS- Ariyari Distt- Sheikhpura ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Home Bihar, Patna Bihar 2. Bablu Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura 3. Dablu Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura 4. Sanjeet Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura 5. D.M Kumar S/o- Rudradeo Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura 6. Dilkhush Kumar S/o- Shankar Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura 7. Shankar Singh S/o- Late Bhupal Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura 8. Bhushan Singh S/o- Late Bhupal Singh R/v- Kemra Po- Diha Ps- Ariyari Dist- Sheikhpura ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Lalit, Advocate For the Respondent/s : Mr.S.C. 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 28-01-2026 The petitioner has approached this Court for quashing the order dated 22.12.2025 passed by learned Additional Chief Judicial Magistrate-I, Sheikhpura in G.R. Case No. 1327 of 2021, arising out of Ariyari P.S. Case No. 150/2021 whereby and whereunder the petition dated 12.12.2025 filed under Section 323 of Cr.P.C. by the petitioner has been rejected, Patna High Court CR. WJC No.119 of 2026(2) dt.28-01-2026 2/3 apart from other reliefs. 02. Apparently, the petitioner has approached this Court against a judicial order passed by the learned Additional Chief Judicial Magistrate-1, Sheikhpura. 03. The Hon’ble Supreme Court in the case of Neeta Singh & Ors. Vs. The State Of Uttar Pradesh & Ors. in Special Leave to Appeal (Crl.) No(s). 13578/2024 has held that the judicial orders of the civil court are not amenable to writ jurisdiction under Article 226 of the Constitution. In these circumstances, the petitioner can have the course of appropriate proceeding before appropriate forum and not before this Court in a writ under criminal writ jurisdiction. 04. Learned counsel for the petitioner submits that the present writ has been filed under Article 226 and 227 of the Constitution of India and the Court can proceed under Article 227 of the Constitution of India. 05. I find such submission to be fallacious. 06. 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 Shalini Shyam Shetty Vs.Rajendra Shankar Patil, (2010)8 SCC 329 has also made it clear that under Article 227 of the Constitution of India no writ Patna High Court CR. WJC No.119 of 2026(2) dt.28-01-2026 3/3 could be entertained. So, criminal writ petition under Article 226 and 227 of the Constitution against a judicial order would not lie. Further, Part A Chapter XII Rule 3 Sub Rule (iii) and (v) of Patna High Court Rules provides for filing a petition under Article 227 of the Constitution of India as criminal miscellaneous petition and the said roster of criminal miscellaneous petition under Article 227 of the Constitution of India has not been assigned to this Bench. 07. At this stage, learned counsel for the petitioner seeks permission to convert the present petition into appropriate petition. 08. Permission is accorded. 09. Learned counsel for the petitioner is permitted to convert the present petition into appropriate petition within two weeks. 10. Office is directed to extend all cooperation towards conversion. V.K.Pandey/- (Arun Kumar Jha, J) U T