Abdul Khalak Ansari @ @ Abdul Khalak @ ... vs The State Of Jharkhand
2025 Latest Caselaw 1572 Jhar

Jharkhand High Court

Abdul Khalak Ansari @ @ Abdul Khalak @ ... vs The State Of Jharkhand on 5 August, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Appeal (SJ) No. 32 of 2025
                                     ....

Abdul Khalak Ansari @ @ Abdul Khalak @ Khalak ...... Appellant Versus

1. The State of Jharkhand

2. Guardian of the Victim Girl-X ..... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Sahay Gaurav Piyush, Advocate For the State : Mrs. Nehala Sharmin, Spl. P. P. ......

I.A. No. 64 of 2025 05/05.08.2025 This Criminal Appeal has been filed through Jharkhand High Court Legal Services Committee.

2. Heard learned counsel for the appellant and learned counsel for the State.

3. The instant I.A. No. 64 of 2025 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condoning the delay of 102 days in filing the instant Cr. Appeal (SJ) No. 32 of 2025.

4. It has been submitted by the learned counsel for the appellant that there is delay of 102 days in filing the Cr. Appeal (SJ) No. 32 of 2025. Learned counsel for the appellant has submitted that due to financial crunch, he could not file this Criminal Appeal within time and as such, delay of 102 days in preferring the instant Criminal Appeal may be condoned.

5. Learned counsel for the State raised no objection.

6. Having heard learned counsel for both the sides and also in view of the averments made in para- 5 to 9 of the instant I.A. No. 64 of 2025 and taking lenient view, the delay of 102 days in preferring the instant Cr. Appeal (SJ) No. 32 of 2025 is, hereby, condoned.

7. Thus, I.A. No. 64 of 2025 is allowed and stands disposed of.

8. Learned counsel for the appellant is directed to implead the Natural Guardian/Mother of the victim girl-X as respondent no. 2 in course of the day.

9. Learned counsel for the State is directed to get served the notice of this appeal to the Natural Guardian/Mother of the victim girl-X through Superintendent of Police, Sahibganj in light of the judgment rendered in the case of Nipun Saxena and Anr. Versus Union of India reported in (2019) 2 SCC 703 and also vide Notification No. 23/2023/R&S/JHC dated 20.12.2023 issued by the High Court of Jharkhand and shall file an affidavit regarding service of notice upon the Natural Guardian/Mother of the victim girl-X.

10. Learned counsel for the State is directed to call for report from the Jail Superintendent, Sahibganj regarding the custody period of the appellant and to file an affidavit in this regard.

11. Put up this case on 12.08.2025.

12. Let a copy of this order be sent to the office of Superintendent of Police, Sahibganj and to the Jail Superintendent, Sahibganj by FAX and be also handed over to the learned counsel for the State for the needful.

(Sanjay Prasad, J.) Kamlesh/