Criminal writ petitions must be registered separately from Section 482 CrPC petitions under Rajasthan High Court Rules.

Article 226/227 petitions in criminal matters are distinct from applications under Section 482 CrPC, because writ jurisdiction is broader and has wider consequences than the limited inherent powers preserved by Section 482. Under Rule 315(h) of the Rajasthan High Court Rules, 1952, criminal writ petitions must be registered separately, with Rule 375 separately addressing civil writ petitions. In that framework, a petition presented as a criminal writ petition should not be entered as a criminal miscellaneous petition under Section 482 CrPC. The registry objection was rejected, and the petitions were directed to be registered separately as S.B. Criminal Writ Petitions.

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Issues: Whether petitions invoking writ jurisdiction in criminal matters were required to be registered separately as criminal writ petitions instead of being treated as criminal miscellaneous petitions under Section 482 of the Code of Criminal Procedure.

Analysis: Section 482 of the Code of Criminal Procedure is confined to giving effect to orders under the Code, preventing abuse of process, and securing the ends of justice, whereas a petition under Article 226/227 of the Constitution of India has a wider scope and wider consequences. Rule 315(h) of the Rajasthan High Court Rules, 1952 requires criminal writ petitions to be registered separately, and Rule 375 separately refers to civil writ petitions. In that background, the Registry could not register the petitions as criminal miscellaneous petitions when they had been presented as criminal writ petitions.

Conclusion: The registry objection was rejected and the petitions were directed to be registered separately as S.B. Criminal Writ Petitions.

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