Sunil Kumar v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.322 of 2018 Arising Out of PS. Case No.-28360 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sunil Kumar son of Maharaj Bhagat, resident of Road No. 1, Indra Nagar, Police Station- Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Director General Of Police, Bihar, Patna 2.

Shyam Bihari Singh, son of Late Sahdeo Singh, resident of MohallaMaurya Bihar Colony, Pavitra Path, Transport Nagar Kumhrar, Police Station- Agamkuan, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Ojha, Advocate For the State :

Mr. Sheo Shankar Prasad, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-11-2025 This writ petition has been filed for setting aside the cognizance order dated 20.06.2016, whereby cognizance of offence punishable under Sections 420, 468, 471, 34, 120B, 467 of the Indian Penal Code and Section 138 of the N.I. Act has been taken against the petitioner and other co-accused.

2. This writ petition has been filed against the judicial order. However, as per law, the impugned order is revisable one, because the petitioner is an accused and if he succeeds, the whole proceedings would get terminated against him. Hence, the petitioner should have filed Criminal Revision petition.

3. At this stage, learned counsel for the petitioner is seeking liberty to convert this Criminal Writ petition into

Patna High Court CR. WJC No.322 of 2018(5) dt.18-11-2025 2/2 Criminal Revision petition.

4. Liberty is granted.

5. Hence, office is directed to convert this Criminal Writ petition into Criminal Revision petition on the required steps to be taken by the petitioner within a period of two weeks and thereafter, list the Criminal Revision petition before appropriate Bench with permission of Hon'ble the Chief Justice. (Jitendra Kumar, J) shoaib/- U T