Created by Fuzzy Cloud

Patna High Court

Shilpa Kumari @ Shilpi KumariversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

A criminal revision petition may be converted into a criminal appeal when the Court grants permission, as affirmed by precedent.

Summary

Shilpa Kumari filed Criminal Revision No. 380 of 2022 before the Patna High Court arising from a 2011 police case. She sought the Court’s permission to convert the revision petition into a criminal appeal, relying on a prior judgment of the same Court in Rekha Devi v. State of Bihar (Criminal Revision No. 105 of 2019). The issue was whether the revision could be transformed into an appeal under the circumstances. The Court examined the precedent and found no impediment to allowing the conversion. Accordingly, permission was granted, the petitioner was directed to effect the conversion within four weeks, and the Court’s office was instructed to cooperate with the counsel. The order does not decide the merits of the underlying criminal matter but merely facilitates procedural conversion.

Issues considered

  • Whether a criminal revision petition may be converted into a criminal appeal upon permission of the High Court

Subjects

  • criminal revision
  • conversion to appeal
  • procedural law
  • high court order
  • precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL REVISION No.380 of 2022
                    Arising Out of PS. Case No.-185 Year-2011 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Shilpa Kumari @ Shilpi Kumari D/O Late Raghubir Thakur Resident of
                 Village - Chataria, Police Station- Sadar Darbhanga (Mabbi O.P.), District -
                 Darbhanga.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Kamal Kant Jha Son of Late Dharam Narain Jha @ Late Dharm Narayan Jha
                 Resident of Village - Meath @ Mehat, Police Station - Bhairavsthan, District
                 - Madhubani. At present - Bikramaghad, House No. - 39, Apartment No.
                 A/4, Police Station- Jadavpur, Kolkata- 700032.
           3.    Rita Devi @ Reeta Devi @ Reeta Jha Wife of Kamal Kant Jha Resident of
                 Village - Meath @ Mehat, Police Station - Bhairavsthan, District -
                 Madhubani. At present - Bikramaghad, House No. - 39, Apartment No. A/4,
                 Police Station- Jadavpur, Kolkata- 700032.
           4.    Arun Thakur Son of Late Rupam Thakur Resident of Village - Sarisopahi
                 Pachwari Tola, Chandani Chowk, Police Station- Pandaul, District -
                 Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Sanjay Kumar Jha, Advocate
                 For the Respondent/s   :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   10-02-2026                 The learned counsel for the petitioner seeks

                   permission to convert the instant criminal revision petition into

                   criminal appeal in the light of judgment dated 04.04.2025

                   passed by a Co-ordinate Bench of this Court in Criminal

                   Revision No. 105 of 2019 (Rekha Devi Vs. The State of Bihar

                   & Ors.).

                               02. Permission is accorded.
           Patna High Court CR. REV. No.380 of 2022(4) dt.10-02-2026
                                                        2/2




                                  03. He is directed to convert the present criminal

                     revision petition into criminal appeal within four weeks.

                                  04. The office is directed to extend all cooperation to

                     the learned counsel for the petitioner towards conversion.




                                                       (Arun Kumar Jha, J)
Ashish/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.