Patna High Court
Saurav Kumar (CICL)versusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- JITENDRA KUMAR
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
- Juvenile Justice (Care and Protection) Act, 2015 — s. 102, 74
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
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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/-
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