Aazad Kumar v. State of Bihar

Patna HC1 Nov 2025CWJC/12356/2021

Case brief

AI extract

What is this about?

Maintainability of writ petition challenging Section 144 Cr.P.C. order; civil writ vs criminal writ jurisdiction; office defect No. 32; conversion of CWJC into criminal writ petition; listing before appropriate Bench; CWJC No.12356 of 2021; order dt. 01-11-2025; Patna High Court; Justice Shailendra Singh; Nalanda/Rajgir; reference to CWJC No. 13189 of 2018 (order dt. 05.12.2024); petitioners Azad Kumar and Raj Nandan Singh alias Rajo Singh; respondents State of Bihar, DM-Cum-Collector Nalanda, SDM Rajgir, Shambhu Saran Pandey.

What did the court decide?

No merits adjudicated; the Court directed conversion of the civil writ petition into a criminal writ petition — necessary step by the petitioners' counsel within one week, thereafter listing before the appropriate Bench under the appropriate heading. ¶¶19

Aazad Kumar Vs State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the present writ petition, filed under civil writ jurisdiction to challenge an order passed under Section 144 of the Cr.P.C., is maintainable, or whether such an impugned order ought to be challenged under the criminal writ jurisdiction.

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Court's answer

The Court held that the impugned order, having been passed under Section 144 of the Cr.P.C., ought to have been challenged under the criminal writ jurisdiction, and accordingly directed that the matter be converted into a criminal writ petition.

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Ratio / Principle

Consequential directions: the necessary step towards conversion is to be taken by the petitioners' counsel within one week, and thereafter the matter is to be listed before the appropriate Bench under the appropriate heading.

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Detailed headnote1 paragraphs

Patna High Court — Civil Writ Jurisdiction Case No.12356 of 2021 (oral order dt. 01-11-2025, Shailendra Singh, J.). Petitioners Azad Kumar and Raj Nandan Singh alias Rajo Singh challenged an order passed under Section 144, Cr.P.C., by way of civil writ jurisdiction against the State of Bihar, the District Magistrate/Collector and the Sub-Divisional Magistrate, Rajgir (Nalanda), and private respondent Shambhu Saran Pandey. Acting on office defect No. 32 and counsel's submission (citing the order dt. 05.12.2024 in CWJC No. 13189 of 2018), the Court found substance in the office report on maintainability, held that an impugned order passed under Section 144 Cr.P.C. ought to be challenged under the criminal writ jurisdiction, and ordered conversion of the matter into a criminal writ petition — necessary steps within one week, thereafter listing before the appropriate Bench under the appropriate heading. No substantive merits were decided; purely a maintainability/conversion ruling.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12356 of 2021

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Azad Kumar Son of Late Avinash Kumar Singh Resident of Village - Sabalpur, Post Office and Police Station - Rajgir, District - Nalanda (Bihar).

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Raj Nandan Singh alias Rajo Singh Son of Late Karu Singh Resident of Village - Sabalpur, Post Office and Police Station - Rajgir, District - Nalanda (Bihar).

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... ... Petitioner/s

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Versus

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State of Bihar through the Principal Secretary, Government of Bihar.

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The District Magistrate Cum the Collector, Nalanda.

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The Sub-Divisional Magistrate, Rajgir (Nalanda).

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Shambhu Saran Pandey Son of Late Avadh Kishor Pandey Resident of Village - Mahadeopur, Post Office and Police Station - Rajgir, DistrictNalanda (Bihar).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Aklavya Chandan Kumar, Adv. For the State-resp. : Mr. Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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4 01-11-2025 Learned counsel appearing for the petitioners submits

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that the office has rightly pointed out the defect No. 32 which states that the order impugned has to be challenged by way of criminal writ jurisdiction though, it is the usual practice to challenge such impugned orders by way of civil writ jurisdiction and in this regard, the order dated 05.12.2024 passed by this Court in CWJC No. 13189 of 2018 may be perused.

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2. This Court finds substance in the office report with

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regard to the maintainability of this writ petition as the order impugned, which was been passed under section 144 of Cr.P.C.,

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Patna High Court CWJC No.12356 of 2021(4) dt.01-11-2025 2/2

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ought to have been challenged under the criminal writ jurisdiction, hence, let the matter be converted into criminal writ petition and in this regard, necessary step be taken by petitioners’ counsel in the next one week and thereafter, let the matter be listed before appropriate Bench under appropriate heading.

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(Shailendra Singh, J)

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annu/-

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Aazad Kumar v. State of Bihar

Case brief

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Aazad Kumar v. State of Bihar

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