Patna High Court
Manu @ Babu SohrabversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
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
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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
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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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