Patna High Court
Shankar Kumar @ Shankar choudhary @ Shankar Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
Holding
The order of the Children Court is appealable under Section 101(5) of the Juvenile Justice Act and not revisable under Section 102, requiring conversion of the revision petition into an appeal.
Summary
Shankar Kumar filed a criminal revision petition challenging an order dated 29‑08‑2025 passed by the Children Court. The High Court examined whether the order could be questioned by way of a revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, or whether an appeal under Section 101(5) was the proper remedy. The Court held that the JJ Act provides for an appeal and not a revision in such cases. Consequently, the Court granted permission to the petitioner to convert the revision petition into an appeal within two weeks and directed the office to place the matter before the appropriate bench. No merits of the original order were decided.
Issues considered
- Whether an order of the Children Court under the Juvenile Justice (Care and Protection of Children) Act, 2015 is subject to revision under Section 102 or appeal under Section 101(5).
- Whether a criminal revision petition can be converted into an appeal under the JJ Act.
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 101(5), 102
Subjects
- Juvenile Justice
- Children Court
- Appeal
- Revision
- Section 101(5)
- Section 102
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1094 of 2025
Arising Out of PS. Case No.-704 Year-2017 Thana- BIHTA District- Patna
======================================================
Shankar Kumar @ Shankar choudhary @ Shankar Kumar Choudhary,
through his brother Shyam Sunder Kumar, Son of Late Ganesh Prasad
Choudhary Resident of Yarpur Devi Sthan Nimtar, P.S- Gardanibagh, Dist-
Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ajay Kumar S/o Uday Kumar Singh R/o village and P.S.- Bihta, Distt.-
Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chitranjan Sinha, Senior Advocate
Mr.Abhimanyu Deo, Advocate
For the Respondent/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 23-06-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. Since the order dated 29.08.2025 passed by the
learned Children Court is under challenge before this Court, in
terms of Section 101(5) of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (hereinafter referred to as the
JJ Act), an appeal would lie against such order and not a
revision under Section 102 of the JJ Act.
3. At this stage, the learned senior counsel for the
petitioner seeks permission to convert the present criminal
revision petition into an appeal under Section 101(5) of the JJ
Patna High Court CR. REV. No.1094 of 2025(5) dt.23-06-2026
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Act within two weeks.
4. Permission is accorded.
5. Learned counsel for the petitioner is directed to
convert the present criminal revision petition into an appeal
within two weeks.
6. Office is directed to extend all cooperation and
place the matter before appropriate Bench after such conversion.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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