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Patna High Court

Saurav Kumar (CICL)versusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The appeal is to be converted into a criminal revision under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015.

Summary

The appellant filed Criminal Appeal No.4857 of 2025 challenging an order dated 10.03.2025 of the Additional Sessions Judge‑Children's Court, Jehanabad, which upheld a Juvenile Justice Board order. The appellant argued that the proper remedy after exhausting the appeal route was a criminal revision under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015. The Court noted the provisions of Section 74 regarding non‑disclosure of a child's identity and cited the Supreme Court’s directive in Shilpa Mittal v. State. It held that the appeal should be converted into a revision as the appellate remedy was already exhausted. Permission was granted to convert the appeal into a criminal revision, and the matter was directed to be listed before the appropriate bench after approval of the Chief Justice.

Issues considered

  • Whether the appellant should seek a criminal revision under Section 102 of the Juvenile Justice (Care and Protection) Act, 2015 after exhausting the appeal remedy
  • Whether the appeal can be converted into a revision

Legislation cited

Subjects

  • Juvenile Justice
  • Child in conflict with law
  • Section 74 confidentiality
  • Section 102 revision
  • Criminal appeal conversion
  • Procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4857 of 2025
                       Arising Out of PS. Case No.-350 Year-2024 Thana- GHOSI District- Jehanabad
                 ======================================================
                 CCL XX

                                                                                    ... ... Appellant/s
                                                        Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Santosh Kumar, Advocate.
                                                  Ms. Shalini, Advocate.
                 For the State           :        Mr. Bal Mukund Prasad Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

7   08-05-2026                   Section 74 of Juvenile Justice (Care and Protection)

                   Act, 2015 prohibits disclosure of identity of children. Hence,

                   Hon’ble Supreme Court in the case of Shilpa Mittal Vs. State

                   (NCT of Delhi) and Anr. as reported in (2020) 2 SCC 787, has

                   held as follows:

                                    “37. In passing we may note that in the
                         impugned judgment the name of the child in conflict with
                         law, has been disclosed. This is not in accordance with the
                         provisions of Section 74 of the 2015 Act, and various
                         judgments of the courts. We direct the High Court to
                         correct the judgment and remove the name of the child in
                         conflict with law.”
                                                             (Emphasis supplied)

                                 3. Accordingly, it is required for the office not to

                   disclose the name and identity, including the address, of the

                   Child in conflict with law either in the title of the matter or in

                   the cause list, order or judgment.

                                 4. Hence, learned Registrar General is directed to
Patna High Court CR. APP (SJ) No.4857 of 2025(7) dt.08-05-2026
                                             2/3




          place a copy of this proceeding before Hon’ble the Chief Justice

          for considering the issuance of necessary administrative order to

          the registry of this Court in this regard.

                       5. Now, coming to this appeal, it transpires that this

          Appeal has been preferred against the impugned order dated

          10.03.2025 passed by learned Additional Sessions Judge-I-cum-

          Children’s Court, Jehanabad, in Criminal Appeal No. 26 of 2024

          arising out of order dated 30.9.2024 passed by learned Juvenile

          Justice Board, Jehanabad, in ER 559(J) in connectioin with

          Ghosi (Okri) P.S. Case No. 350 of 2024 whereby the Appeal

          was dismissed, upholding the order of learned Juvenile Justice

          Board.

                       6. Learned counsel for the Appellant submits that as a

          matter of fact, the Appellant should have filed Criminal

          Revision, as per Section 102 of Juvenile Justice (Care and

          Protection) Act, 2015 because the appellant herein has already

          exhausted the remedy of appeal by filing it before the Children

          Court.

                       7. Hence, learned counsel for the Appellant is seeking

          permission to convert the present Criminal Appeal into Criminal

          Revision under Section 102 of Juvenile Justice (Care and

          Protection) Act, 2015
          Patna High Court CR. APP (SJ) No.4857 of 2025(7) dt.08-05-2026
                                                       3/3




                                 8. Permission is granted.

                                 9. Office is directed to convert the present Appeal into

                    Criminal Revision under Section 102 of Juvenile Justice (Care

                    and Protection) Act, 2015 upon steps to be taken by the

                    Appellant and, after conversion, list the matter before

                    appropriate Bench with approval of Hon’ble the Chief Justice




                                                                 (Jitendra Kumar, J)
S.Ali/-

U


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