Jitesh Jha v. The State Of Bihar Through The Additional Chief Secretary, Home Department, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2373 of 2025 Arising Out of PS. Case No.-877 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Jitesh Jha ... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Home Department, Govt. of Bihar, Patna & Ors.

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

For the Petitioner/s :

Mr.Ashhar Mustafa, Advocate Mr. Vikash Kumar Jha, Advocate For the Respondent/s :

Mrs. Namrata Mishra, Sr. Advocate Mrs. Archana Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2025 The petitioner has challenged the order dated 26.08.2025 passed by the learned Chief Judicial Magistrate, Sitamarhi. The Hon'ble Supreme Court in the case of Radhey Shyam and Another v. Chhabi Nath and Others, reported in (2015) 5 SCC 423, has held that judicial orders of the Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India.

02. Under the circumstances, learned counsel for the petitioner seeks permission to convert the instant criminal writ petition into a petition/application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

03. Permission is accorded.

04. Learned counsel for the petitioner is directed to

Patna High Court CR. WJC No.2373 of 2025(3) dt.25-09-2025 2/2 convert the present criminal writ petition into petition/application under Section 528 of BNSS, within four weeks.

05. The office is directed to extend all cooperation to the learned counsel for the petitioner towards conversion. (Arun Kumar Jha, J) V.K.Pandey/- U