Jiya vs Govt. Of Rajasthan - 2026 Supreme(Online)(Raj) 19088

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2026 Supreme(Online)(Raj) 19088

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sanjeev Prakash Sharma, ACJ, Maneesh Sharma, J
Jiya – Appellant
Versus
Govt. Of Rajasthan – Respondent
D.B. Criminal Writ Petition No.128/2018

Important Points

There is no constitutional concept of a 'Criminal Writ Petition'; petitions relating to criminal matters must be registered as writ petitions, and the court determines the appropriate roster.

Subject

Procedural Law - Writ Jurisdiction

Act Referred

Constitution of India

Headnote

The court examined the procedural validity of registering a petition as a 'Criminal Writ Petition'. It was observed that the Constitution does not provide for a specific category of 'Criminal Writ Petition', although writ petitions may be filed to raise issues relating to criminal matters. The court addressed whether the Registry can categorize petitions as 'Criminal Writ Petitions'. The court reasoned that such petitions should be registered as writ petitions alone and the court shall determine the appropriate roster for hearing. For the purpose of statistics, the present D.B. Criminal Writ Petition is disposed of.

Advocates:
For the Appellants/Petitioners: Mithlesh Kumar
For the Respondents: Rajesh Choudhary

Table of Content
1. invalidity of the term 'criminal writ petition' under the constitution. (Para 1 , 2 , 3 , 4)
2. administrative reclassification of the petition for statistical disposal. (Para 5 , 6 , 7 , 8)

Order

1. The petitioner has filed this petition in the nature of D.B. Criminal Writ Petition.

2. Registry has also entertained it as a Criminal Writ Petition, whereas there is no such concept of Criminal Writ Petition provided in the Constitution.

3. A writ petition can be filed for raising the issues which may also relate to a criminal matter but the same would not be treated as a 'Criminal Writ Petition' and the same can only be registered as a writ petition alone.

4. It is for the Court to examine the case or for the purpose of placing them before the concerned roster. Henceforth, the Registry is directed not to register any case as 'Criminal Writ Petition'.

5. This case was adjourned sine die without any plausible reasons earlier.

6. Office is directed to treat the present 'D.B. Criminal Writ Petition' to 'D.B. Civil Writ Petition'.

7. For the purpose of statistics, the present D.B. Criminal Writ Petition is disposed of.

8. Office to check and proceed further.