Abhishek Gautam v. The Union of India
Case at a glance
Provisions considered
- Constitution of India art. 226
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
Judgment
... ... Petitioner/s ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s
Mr. Abhishek Anand, Advocate Dr. Krishna Nandan Singh (A.S.G.) Mr. Apurva Kumar, CGC, UOI : : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 24-09-2025 The petitioner has challenged the order dated
22.08.2025 passed by the learned District & Additional Sessions Judge-IV, Jamui. 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. Faced with the situation, 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).
Permission is accorded. Patna High Court CR. WJC No.2431 of 2025(4) dt.24-09-2025
Learned counsel for the petitioners is permitted to convert the present criminal petition petition/application under Section 528 of BNSS, within a week.
The office is directed to extend all co-operation to the learned counsel for the petitioner towards conversion.
As soon as the petitioner takes step for conversion of the petition, the converted petition be listed before the appropriate Bench. Ashish/- U (Arun Kumar Jha, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.