Patna High Court
Md. Kamal Shah @ Kamal SahversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
A criminal revision petition is not maintainable; the correct remedy is an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
Summary
The petitioners, members of the family of Md. Kamal Shah, sought a criminal revision of an order of the Additional Sessions Judge who had taken cognizance in an SC/ST (Prevention of Atrocities) case. The State contended that the revision was not maintainable and that an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act was the appropriate remedy. The Court observed that the earlier writ petition had been held non‑maintainable and that converting it into a criminal revision was improper. Consequently, the Court directed that the petition be converted into a criminal appeal under the SC/ST Act within a week and listed before the appropriate bench. The order emphasizes procedural compliance with the statutory appeal provision rather than a substantive review of the cognizance order.
Issues considered
- Whether a criminal revision petition is maintainable against the order of the Additional Sessions Judge taking cognizance in an SC/ST (Prevention of Atrocities) case.
- Whether the correct remedy is an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act instead of a revision.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 14A(2)
Subjects
- SC/ST Act
- criminal revision
- writ petition conversion
- appeal under Section 14A
- procedural law
- cognizance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1309 of 2025
In
Criminal Writ Jurisdiction Case No.1815 of 2025
Arising Out of PS. Case No.-26 Year-2023 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
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1. Md. Kamal Shah @ Kamal Sah Son of Late Amjad Shah R/o Village-
Hussainabad, P.S.- Ariyari, Dist.- Sheikhpura
2. Md Saddam Shah @ Saddam Sah Son of Md. Kamal Shah R/o Village-
Hussainabad, P.S.- Ariyari, Dist.- Sheikhpura
3. Md. Babar Shah @ Babar Sah Son of Md. Kamal Shah R/o Village-
Hussainabad, P.S.- Ariyari, Dist.- Sheikhpura
4. Soni Khatoon Daughter of Md. Kamal Shah R/o Village- Hussainabad, P.S.-
Ariyari, Dist.- Sheikhpura
5. Moni Khatoon @ Rani Khatoon Daughter of Md. Kamal Shah R/o Village-
Hussainabad, P.S.- Ariyari, Dist.- Sheikhpura
6. Monu Shah @ Manir Shah Son of Md. Kamal Shah R/o Village-
Hussainabad, P.S.- Ariyari, Dist.- Sheikhpura
7. Aamna Khatoon Wife of Md. Kamal Shah R/o Village- Hussainabad, P.S.-
Ariyari, Dist.- Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Superintendent of Police, Sheikhpura Bihar
3. The Officer In Charge, Ariyari, Police Station, Sheikhpura Bihar
4. Sri Guddu Dhobi Son of Maro Rajak Resident of Village and P.O.-
Hussainabad, P.S.- Ariyari, District- Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Prasad Singh, Advocate
For the Respondent/s : Mr.Ajay Behari Sinha, GA-8
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 18-02-2026 Learned counsel appearing on behalf of the State, at
Patna High Court CR. REV. No.1309 of 2025(5) dt.18-02-2026
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the outset, submits that the present revision petition is not
maintainable as it has been filed against an order passed by the
court of learned Additional Sessions Judge-I, Sheikhpura,
whereby and whereunder cognizance has been taken against the
accused persons in SC/ST Case No. 13 of 2024.
Learned counsel further submits that an appeal under Section
14A(2) of the SC/ST (Prevention of Atrocities) Act would lie
against the order passed by learned Additional Sessions Judge
under the provisions of the SC/ST (Prevention of Atrocities)
Act.
2. Learned counsel for the petitioners submits that the
petitioners earlier filed a writ petition and the same was held not
maintainable, the petitioner sought permission to convert it into
criminal revision petition and the same was allowed. Therefore,
the petition should be heard by this Court.
3. Against an order of Special Court under the
provisions of the SC/ST (PoA) Act, the conversion of writ
petition into revision petition, when writ was not found
maintainable, was not proper. Therefore, learned counsel for the
petitioners is directed to convert the present revision petition
into criminal appeal within a week.
4. Office is directed to extend all cooperation towards
Patna High Court CR. REV. No.1309 of 2025(5) dt.18-02-2026
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conversion and immediately list the matter before the
appropriate Bench.
(Arun Kumar Jha, J)
DKS/-
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