Patna High Court
Shyam Ranjan SinghversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
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 The Court granted permission to withdraw and dismissed the revision petition as withdrawn, allowing the petitioner to pursue an appeal as per law.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
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