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Patna High Court

Manu @ Babu SohrabversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

A criminal revision petition is not maintainable against an order of the Children’s Court; the petitioner may convert it into an appeal under Section 101(5) of the Juvenile Justice Act.

Summary

The petitioner filed a criminal revision petition challenging an order dated 11‑07‑2025 passed by the Additional Sessions Judge‑1st, Gopalganj, which functioned as a Children’s Court. The petition raised the question of whether a revision is permissible under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015, which authorises an appeal to the High Court, not a revision. The Court held that the statutory provision bars a revision and only an appeal is permissible. Consequently, the Court granted permission to convert the revision petition into a criminal appeal under the JJ Act. The petitioner was directed to effect the conversion within two weeks, and the Office was instructed to cooperate.

Issues considered

  • Whether a criminal revision petition is maintainable against an order of the Children’s Court under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015
  • Whether the petitioner may be permitted to convert the revision petition into an appeal under the same provision

Legislation cited

Subjects

  • Juvenile Justice
  • Revision
  • Appeal
  • Section 101(5)
  • High Court
  • Criminal Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL REVISION No.1088 of 2025
                   Arising Out of PS. Case No.-45 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Manu @ Babu Sohrab S/o- Harun Rashid Resident of Village- Pokharbhind
                 PS- Kuchakote, Dist- Gopalganj, A/P- Bishunpura Sonahula Gokhul Ps-
                 Kuchaikote Dist- Gopalganj

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Adesh Raj Singh, Adv.
                 For the Respondent/s   :        Mr.Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   02-02-2026                 The present revision petition has been preferred

                   against the order dated 11.07.2025 passed by the learned

                   Additional Sessions Judge-1st, Gopalganj in J.E. No. 98 of 2025

                   arising out of Kuchaikote P.S. Case No. 45 of 2025. Section

                   101(5) of the Juvenile Justice (Care and Protection of Children)

                   Act, 2015 (in short “the JJ Act”) allows any person aggrieved by

                   an order of the Children's Court to file an appeal before the High

                   Court. This appeal must follow the procedures outlined in the

                   Code of Criminal Procedure, 1973. The above noted provision

                   shows revision is not maintainable against the order passed by

                   the learned Children’s Court at first instance.

                               02. At this stage, learned counsel for the petitioner

                   seeks permission to convert the present revision petition into an
             Patna High Court CR. REV. No.1088 of 2025(3) dt.02-02-2026
                                                         2/2




                       appeal under Section 101(5) of the JJ Act.

                                    03. Permission is accorded.

                                    04. Learned counsel for the petitioner is directed to

                       convert the present criminal revision petition into a criminal

                       appeal within two weeks.

                                    05. Office is directed to extend all cooperation

                       towards conversion.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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