Suraj Nayak vs The State Of Jharkhand
2024 Latest Caselaw 9634 Jhar

Jharkhand High Court

Suraj Nayak vs The State Of Jharkhand on 25 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Criminal Appeal (D.B.) No. 2210 of 2023
                                            ------
       Suraj Nayak, son of Braj Mohan Nayak, resident of Kumirta, P.O and P.S.
       Kumardungi, District- West Singhbhum.                       ... Appellant
                                     Versus
       The State of Jharkhand                                      ... Respondent.
                                            With
                        Criminal Appeal (D.B.) No. 564 of 2024
                                            ------
       Suraj Nayak, son of Braj Mohan Nayak, resident of Kumirta, P.O and P.S.
       Kumardungi, District- West Singhbhum.                       ... Appellant
                                     Versus
       The State of Jharkhand                                      ... Respondent.
                                             ------
                   CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

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For the Appellant(s) : Mr. Jitendra S. Singh, Advocate.

            For the State            : A.P.P.
                                            ------
03/25.09.2024:          This is a case of double filing.

Mr. Jitendra S. Singh, learned counsel for the appellant submits that pairvikar of the appellant of case of Cr. Appeal No. 564 of 2024 has not informed him that earlier through Jail Cr. Appeal 2210 of 2023 was filed by the same appellant challenging the same judgment of conviction dated 2.6.2023 and order of sentence dated 3.6.2023 passed by the learned Addl. Sessions Judge-I-cum- Special Judge, POCSO, West Singhbhum at Chaibasa in connection with Spl. (POCSO) Case No. 10 of 2021. He further submits that since the appellant, who is in custody, has directly approached JHALSA, through the Jail, this lapse has occurred. He also submits that there is no willful negligence in this case. He lastly submits that he seeks permission to withdraw Cr. Appeal (DB) No. 564 of 2024.

Permission, as sought for, is accorded. We are not proceeding any further in Cr. Appeal (DB) No. 564 of 2024.

Accordingly, Cr. Appeal (DB) No. 564 of 2024 is dismissed as withdrawn.

(ANANDA SEN, J.)

Anu/-Cp3. (GAUTAM KUMAR CHOUDHARY, J.)