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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 ======================================================
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 2/3 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 3/3 conversion and immediately list the matter before the appropriate Bench.
DKS/- (Arun Kumar Jha, J) U