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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SUBHASH VIDYARTHI
Archana Mishra – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash judicial orders. (Para 1 , 2) |
| 2. arguments on maintainability under articles 226 and 227. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. writ petitions under article 226 are not maintainable. (Para 9 , 10) |
| 4. writ petition dismissed; fresh petition under article 227 allowed. (Para 11 , 12 , 13) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Shri Amrendra Nath Tripathi, the learned Senior Advocate assisted by Shri Sanjeev Kumar Mishra, the learned counsel for the petitioner and Shri Mohd. Asif Khan, the learned AGA-I for the State.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner has sought quashing of orders dated 12.12.2025 and 21.02.2026 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow in Criminal Case No.3894 of 1999 ( State v. Sahdev Singh and Ors. ).
3. The learned AGA-I has raised a preliminary objection that in view of the law laid down by the Hon'ble Supreme Court in the case of Neeta Singh and Ors. v. State of U.P. and Ors. ; 2024 SCC OnLine SC 5761, a judicial order passed by criminal courts cannot be challenged by filing a writ petition under Article 226 of the Constitution
Judicial orders of criminal courts cannot be challenged under Article 226 of the Constitution; such challenges must proceed under Article 227.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeals or revisions under Article 227.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226 of the Constitution, and Article 227 jurisdiction is distinct.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision.
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