Rajasthan High Court: No Concept of Criminal Writ Petition Under the Constitution

Case: Jiya and Others v. State of Rajasthan and Others
Court: Rajasthan High Court, Jaipur Bench
Case No.: D.B. Criminal Writ Petition No. 128/2018
Date of Order: 07 July 2026
Coram: Hon’ble Acting Chief Justice Mr. Sanjeev Prakash Sharma and Hon’ble Mr. Justice Maneesh Sharma

Background of the Case

The petition was instituted before the Rajasthan High Court as D.B. Criminal Writ Petition No. 128/2018. The Registry had also entertained and registered the matter as a criminal writ petition.

While considering the matter, the Division Bench examined whether the Constitution recognises “Criminal Writ Petition” as an independent category of legal proceeding.

The Court noted that the petition had earlier been adjourned sine die without any plausible reason. While dealing with its procedural status, the Court addressed the broader issue concerning the registration of cases as criminal writ petitions.

No Concept of “Criminal Writ Petition” Under the Constitution

The principal observation made by the Rajasthan High Court was that the Constitution does not provide for a separate category known as a “Criminal Writ Petition.”

The Court observed:

“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.”

This clarification distinguishes the nature of the issue raised in a writ petition from the constitutional character of the proceeding.

A writ petition may involve issues such as:

• Police inaction;
• Illegal detention;
• Protection of life and personal liberty;
• Unlawful exercise of police powers;
• Failure to register an FIR;
• Improper criminal investigation;
• Violation of fundamental rights during criminal proceedings; or
• Illegal or arbitrary action by law-enforcement authorities.

However, merely because the subject matter relates to criminal law does not create a separate constitutional proceeding called a “Criminal Writ Petition.”

Registry Directed Not to Register Criminal Writ Petitions

The Rajasthan High Court issued a clear direction that, henceforth, the Registry shall not register any case as a “Criminal Writ Petition.”

The Court clarified that it is for the Court to examine the nature of a case and determine its placement before the appropriate roster. The Registry’s role is to register the proceeding as a writ petition rather than create a separate classification based solely on whether the dispute involves a criminal issue.

This direction is likely to bring greater procedural consistency in the registration and classification of writ petitions before the Rajasthan High Court.

Existing Criminal Writ Petition Converted into Civil Writ Petition

In the present matter, the Court directed the Registry to treat the existing D.B. Criminal Writ Petition as a D.B. Civil Writ Petition.

The Court further stated that, for statistical purposes, the D.B. Criminal Writ Petition would stand disposed of. However, the office was directed to check the matter and proceed further.

Therefore, the order appears to deal primarily with the procedural classification of the petition rather than deciding the substantive rights or claims raised by the petitioners.

Does the Judgment Bar Writ Petitions in Criminal Matters?

No. The judgment does not prohibit a person from approaching the High Court through a writ petition merely because the dispute relates to a criminal matter.

The Court expressly recognised that a writ petition may raise issues connected with criminal law. The ruling concerns the nomenclature and registration category of such petitions.

Accordingly, where a person alleges a violation of fundamental or legal rights arising from police action, investigation, detention or another criminal-law-related issue, an appropriate writ petition may still be maintainable, subject to the facts of the case and applicable legal principles.

The effect of the ruling is that such a petition should not be separately classified or registered as a “Criminal Writ Petition.”

Difference Between a Criminal Writ Petition and a Writ Petition Involving Criminal Issues

Following this judgment, the distinction may be understood as follows:

Practical Impact of the Rajasthan High Court Judgment

The judgment may have important procedural implications for advocates, litigants and the Rajasthan High Court Registry.

First, petitions involving criminal issues may continue to invoke the constitutional writ jurisdiction of the High Court where legally maintainable. However, such petitions should not be treated as belonging to a separate constitutional category merely because the underlying dispute relates to criminal law.

Second, the Registry has been expressly directed not to register future matters as criminal writ petitions.

Third, the Court retains the authority to examine the nature of the dispute and determine the appropriate roster or Bench before which the matter should be placed.

Fourth, advocates filing writ petitions concerning police action, personal liberty, investigation or other criminal issues may need to ensure that the petition is properly classified in accordance with the applicable Rajasthan High Court Rules, filing practice and subsequent administrative directions.

Key Takeaways from Jiya v. State of Rajasthan

• The Constitution does not recognise a separate category called a “Criminal Writ Petition.”
• A writ petition may still raise issues relating to criminal law.
• The criminal nature of the underlying dispute does not change the proceeding into a separate criminal writ jurisdiction.
• Such cases are to be registered as writ petitions.
• The Rajasthan High Court Registry has been directed not to register any future case as a “Criminal Writ Petition.”
• The Court may examine the nature of the case for placing it before the appropriate roster.
• The existing D.B. Criminal Writ Petition was directed to be treated as a D.B. Civil Writ Petition.
• The order primarily concerns procedural registration and classification rather than the merits of the petitioners’ substantive claims.

Conclusion

The Rajasthan High Court’s decision in Jiya and Others v. State of Rajasthan and Others provides an important clarification regarding the registration and classification of writ petitions involving criminal issues.

The Court has made it clear that although a writ petition may concern a criminal matter, the Constitution does not contemplate a separate category known as a “Criminal Writ Petition.” Consequently, the Registry has been directed not to register cases under that nomenclature in the future. Now, the High Court Advocate in Jaipur are to file matters such as Protection writs, not being titled as SB Criminal Writ Petitions but as SB Writ Petitions.

The judgment does not restrict the constitutional power of the High Court to consider writ petitions involving criminal-law issues. Instead, it clarifies that such matters remain writ petitions and should be registered accordingly, while their placement before the appropriate Bench may be determined under the applicable roster