No 'criminal writ petition' under Constitution; register such matters as 'writ petitions': Rajasthan HC

The Rajasthan High Court recently ruled that there is no concept of a "criminal writ petition" under the Constitution of India and writ petitions filed in relation to criminal matters cannot be registered by the court registry under the separate nomenclature of a 'criminal writ petition.

Instead, they must be registered simply as a writ petition, a bench comprising Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma ruled.

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

The Bench emphasised that it is the sole prerogative of the Court to examine cases for the purpose of placing them before the appropriate roster.

Hence, the Court issued a directive to its registry to discontinue the practice of registering matters as 'criminal writ petitions'.

"Henceforth, the Registry is directed not to register any case as 'Criminal Writ Petition'," the Court ordered.

The order came during the hearing of a petition filed in 2018

The Court expressed displeasure over the delay in the adjudication of the matter after noting that the case had been adjourned indefinitely earlier without any explanation.

To streamline the records, the Bench directed the registry to re-classify the matter as civil writ petition.

"Office is directed to treat the present 'D.B. Criminal Writ Petition' to 'D.B. Civil Writ Petition'. For the purpose of statistics, the present D.B. Criminal Writ Petition is disposed of," the order said.

Advocate Mithlesh Kumar appeared for the petitioners.

Government Advocate-cum-Additional Advocate General Rajesh Choudhary represented the State of Rajasthan.

[Read Order]