Patna High Court
MD. SONU KHAN @ SONU KHANversusTHE STATE OF BIHAR
- Decided
- Disposal
- CONVERTED
- Bench
- ARUN KUMAR JHA
Holding
The petition is maintainable as an appeal under Section 101(5) of the Juvenile Justice Act and not as a revision.
Summary
A criminal revision petition (Criminal Revision No.712 of 2025) was filed by Md. Sonu Khan challenging an order dated 01.05.2025 passed by the Children Court, Saharsa in Children Case No.06 of 2024. The petition sought to question the order of the Children Court. The High Court examined whether the remedy available under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act is an appeal rather than a revision. The Court held that the petition is maintainable as an appeal and not as a revision. Consequently, the Court directed the petitioner’s counsel to convert the petition into an appeal within one week and ordered the matter to be listed after conversion.
Issues considered
- Whether the petition filed against the Children Court order is a revision or an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act
Legislation cited
Subjects
- Juvenile Justice
- Appeal
- Revision
- Section 101
- Children Court
- Criminal Revision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.712 of 2025
Arising Out of PS. Case No.-730 Year-2022 Thana- SAHARSA SADAR District- Saharsa
======================================================
Md. Sonu Khan @ Sonu Khan S/O Late Salik Khan Resident Of Ward No.
27, Saharsa Basti, P.S. And District- Saharsa
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Manoj Kumar Rai S/O Sanichar Rai R/O Patel Nagar Hatiyagachi Ward No.
21, (NOW 29), P.O. And P.S. And Dist.- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Prasad Singh, Advocate
For the State : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 09-02-2026 The present criminal revision has been filed against
the order dated 01.05.2025 passed by learned Children Court,
Saharsa in Children Case No. 06 of 2024, arising out of Saharsa
P.S. Case No. 730 of 2022. Against an order passed by the
Children Court, an appeal under Section 101(5) of the Juvenile
Justice (Care and Protection of Children) Act is maintainable
and not a revision petition.
2. Under the circumstances, learned counsel for the
petitioner is directed to convert the present petition into an
appeal within a week.
3. Office is directed to extend all cooperation towards
conversion and list this matter immediately after conversion
Patna High Court CR. REV. No.712 of 2025(5) dt.09-02-2026
2/2
before the appropriate Bench.
(Arun Kumar Jha, J)
DKS/-
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