IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.493 of 2009 RAN VIJAY KUMAR @ RAN VIJAY SINGH. Versus STATE OF BIHAR & ORS ----------- 3 03.07.2009 This application has been filed as a Criminal Writ application. The defect as pointed out by the Stamp Reporter is that this application is not maintainable as Criminal writ application, rather a revision will lie under section 397 and 401 Cr.P.C. The petitioner who is a sole accused in a murder case under Goh P.S.Case no. 8 of2005 is in custody. He is elected member of Bihar Legislative assembly. While in custody, petitioner filed a petition before the court below for a direction for producing him in Police custody to attend the Session of Bihar Legislative Assembly holding from 26th June 2009 to 29th July 2009. On various grounds, as stated in the order dated 16th June 2009, the court below refused the prayer of the petitioner. After rejection of his prayer, the petitioner has approached this Court under criminal writ application. In these facts, the Stamp Reporter has raised a defect that the application is not maintainable as a criminal writ application and that a criminal revision application under Section 397 and 401 Cr.P.C. will lie. In Para-1 of his application, petitioner has prayed for quashing the order of the court below refusing the prayer for his production before the Assembly to take part in the Sessions. Since this application seeks quashing of an order passed by the court below, the Stamp Reporter appears to have valid reasons for raising a defect that the application should have been filed as a revision application under sections 397 and 401 Cr.P.C. In such view of the matters, this application requires to be converted into a revision application. Learned counsel for the petitioner seeks permission to convert this application into a revision application. He is permitted to convert it by making necessary correction/ amendment in the plaint within two days and after such necessary correction, Office will make amendment/ correction in the Office records and list this case under the appropriate heading. Jay/ ( C. M. Prasad,J )