The Rajasthan High Court has directed its Registry to not register any cases as “Criminal Writ Petition”, opining that there was no such concept provided in the Constitution of India. [2026 LiveLaw (Raj) 273]

The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma held that it was for the Court to examine the case for the purpose of placing them before the concerned roster.

For context, the Court was hearing a petition that was filed in the nature of “Criminal Writ Petition”, and it was also registered by the Registry as such.

“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. 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'". the court said.

In this background, the Court directed the Registry to not register any cases as “Criminal Writ Petition”, and disposed of the present matter.

Title: Jiya & Ors. v the Govt. of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 273

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