Created by Fuzzy Cloud

Patna High Court

Shyam Ranjan SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

A revision under Section 102 is not maintainable where an appeal under Section 101 of the Juvenile Justice Act is available.

Summary

The petitioner filed a criminal revision challenging an order dated 28‑10‑2024 passed by the Juvenile Justice Board, Patna, in JJB Case No. 498/2024. The revision sought to set aside the Board's decision, but the High Court noted that under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, an aggrieved party must appeal to the Children’s Court, and where such a statutory appeal exists, a revision under Section 102 is not permissible. Consequently, the Court held that the revision petition was not maintainable. The petitioner then requested permission to withdraw the revision and file an appeal in the appropriate forum. The Court granted permission to withdraw and dismissed the revision petition as withdrawn, allowing the petitioner to pursue an appeal as per law.

Issues considered

  • Whether a criminal revision under Section 102 of the Juvenile Justice Act is maintainable when an appeal under Section 101 is available.

Legislation cited

Subjects

  • Juvenile Justice
  • Revision Petition
  • Appeal
  • Section 101
  • Section 102
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL REVISION No.10 of 2025
                    Arising Out of PS. Case No.-436 Year-2024 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Shyam Ranjan Singh, Son of Ekram Singh, Resident of Village- Moab Kala,
                 PS- Imadpur, Dist.- Bhojpur (Arra), at present - Gandhi Murti, Makan Sindhu
                 Bhawan, Road No. 09, Patel Nagar, P.S.- Shastri Nagar, Distt.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Piyush Kumar @ Piyush Raj, Son of Sudhish Kumar Yadav C/O- Lal Mohan
                 Ji, Resident of Village- Fulwaria, Distt. Gopalganj, at present- J.P.Colony,
                 Near Bank of Baroda, P.S.- Sashtri Nagar, Distt.- Patna
           3.    Vilash Kr @ Ayush Raj Son of Sudhish Kumar Yadav C/O- Lal Mohan Ji,
                 Resident of Village- Fulwaria, Distt. Gopalganj, at present- J.P.Colony, Near
                 Bank of Baroda, P.S.- Sashtri Nagar, Distt.- Patna
           4.    Vikram Kumar @ Katty Son of Ram Chandra Mukhia Resident of
                 Tumariya, P.S.- Laknaut, Distt.- Mahdubani, resident of Tumariya, P.S.-
                 Laknaut, Distt.- Madhubani, at present Navanit Colony, P.S.- Rukanpura,
                 Distt.- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Rajeev Kumar, Advocate
                 For the Respondent/s    :       Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The present criminal revision has been filed against

                   the order dated 28.10.2024 passed by learned Juvenile Justice

                   Board, Patna in JJB Case No.498/2024, arising out of Shastri

                   Nagar P.S. Case No. 436/2024.

                               3. Now Section 101 of the Juvenile Justice (Care and

                   Protection of Children) Act, 2015 (hereinafter referred to as 'JJ
           Patna High Court CR. REV. No.10 of 2025(3) dt.12-01-2026
                                                        2/2




                     Act') provides that any person aggrieved by any order made by

                     the Board under this Act may prefer an appeal to the Children's

                     Court. When provision for appeal has been made against the

                     impugned judgment/order, this Court would not entertain the

                     revision under Section 102 of the JJ Act.                          In these

                     circumstances,         this    criminal      revision   petition    is   not

                     entertainable.

                                  4. At this stage, learned counsel for the petitioner

                     seeks permission to withdraw the present criminal revision

                     petition with liberty to file an appeal before the appropriate

                     forum in accordance with law.

                                  5. Permission is accorded.

                                  6. Accordingly, the present revision petition is

                     dismissed as withdrawn with the liberty as aforesaid.



                                                       (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.