Patna High Court
SHEIKH SAFI AHMAD @ SHEKH SAFI AHEMANDversusThe State of Bihar
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
The High Court may treat the revision petition as an appeal under Section 401(5) of the Cr.P.C. and granted permission for conversion.
Summary
The petitioner Sheikh Safi Ahmad filed a criminal revision petition challenging the dismissal of his appeal and the conviction affirmed by the Judicial Magistrate. The High Court examined whether, under Section 401(5) of the Code of Criminal Procedure, a revision petition can be treated as an appeal when an appeal is available. Citing the precedent of Rekha Devi v. State of Bihar (Criminal Revision No. 105 of 2019), the Court held that the High Court may convert a revision into an appeal if the petitioner erroneously believed no appeal lay. Accordingly, the Court granted permission to the petitioner’s counsel to convert the revision petition into a criminal appeal within a week and directed cooperation for the same. The matter is to be placed before the appropriate bench for further hearing.
Issues considered
- Whether a criminal revision petition can be converted into an appeal under Section 401(5) of the Cr.P.C. when an appeal lies.
- Whether the High Court has jurisdiction to treat a revision petition as an appeal in the interests of justice.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 372, 378(2)(b), 401(4), 401(5)
Subjects
- Criminal Revision
- Appeal Conversion
- Section 401(5) CrPC
- Procedural Law
- High Court Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.47 of 2022
Arising Out of PS. Case No.-80 Year-2008 Thana- RAMGARHWA District- East Champaran
======================================================
Sheikh Safi Ahmad @ Shekh Safi Ahemand Son of Late SK. Taiyab @ Shekh
Taiyab Resident of Village - Bela P.S. - Ramgarhwa District - East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jalaluddin Son of Late Mainuddin @ Late Shekh Mainuddin Resident of
Village - Bela Sheikh Toli, P.S. - Ramgarhwa District - East Champaran.
3. Ruhul Haq @ Ruhul Haque Son of Late Alimuddin Resident of Village -
Bela Sheikh Toli, P.S. - Ramgarhwa District - East Champaran.
4. Aman @ Amin Son of Late Alimuddin Resident of Village - Bela Sheikh
Toli, P.S. - Ramgarhwa District - East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Respondent/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 18-02-2026 The petitioner has preferred the instant revision
petition against the judgment and order dated 02.11.2021 passed
in Criminal Appeal No. 76 of 2017 by the learned Additional
Sessions Judge, East Champaran, Motihari, whereby and
whereunder the learned appellate court dismissed the appeal of
the petitioner and affirmed the judgment and order dated
25.08.2017 passed by the learned Judicial Magistrate 1st Class,
Raxaul, East Champaran, Motihari in G.R. No. 389 of 2008
(Trial No. 894 of 2017), CIS No. 9119 of 2015 arising out of
Ramgarhwa P.S. Case No. 80 of 2008, by which opposite party
Patna High Court CR. REV. No.47 of 2022(5) dt.18-02-2026
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Nos. 2 to 4 were acquitted by the learned trial court.
02. Section 372 r/w 378(2)(b) and 401(4) of the Code
of Criminal Procedure, 1973 (Section 413 r/w 419(2)(b) and
442(4) of BNSS, 2023) prescribes that an appeal would lie
against the impugned judgment and orders. Further, the Co-
ordinate Bench of this Court vide judgment dated 04.04.2025
passe in Criminal Revision No. 105 of 2019 (Rekha Devi Vs.
The State of Bihar & Ors.) has also come to the finding that in
such circumstances, the remedy to petitioner is to file Criminal
Appeal to this Court under the Proviso to Section 372 Cr.PC. At
the same time, Section 401(5) of of Cr.P.C. provides that where
under this Code an appeal lies but an application for revision
has been made to the High Court by any person and the High
Court is satisfied that such application was made under the
erroneous belief that no appeal lies thereto and that it is
necessary in the interests of justice so to do, the High Court may
treat the application for revision as a petition of appeal and deal
with the same accordingly.
03. Faced with the situation, the learned counsel for
the petitioner seeks permission to convert the instant criminal
revision petition into criminal appeal.
04. Permission is accorded.
Patna High Court CR. REV. No.47 of 2022(5) dt.18-02-2026
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05. Learned counsel for the petitioner is directed to
convert the present criminal revision petition into criminal
appeal within a week.
06. The office is directed to extend all cooperation to
the learned counsel for the petitioner towards conversion and
thereafter place the matter before appropriate Bench.
(Arun Kumar Jha, J)
Ashish/-
U
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