Patna High Court
Shilpa Kumari @ Shilpi KumariversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
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
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