Dudhai Murmu vs The State Of Jharkhand
2025 Latest Caselaw 1579 Jhar

Jharkhand High Court

Dudhai Murmu 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 (S.J) No. 63 of 2025
                    ....

Dudhai Murmu                              ......Appellant
                    Versus
1. The State of Jharkhand
2. Smt. Marangmay Kisku                        ......Respondents
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CORAM:        HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Saurav Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P ......

Order No: 02/Dated: 05.08.2025 This Criminal Appeal has been filed through Jharkhand High Court Legal Services Committee. I.A No. 571 of 2025

2. I.A No. 571 of 2025 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condoning the delay of 52 days in filing this Criminal Appeal.

3. Learned counsel for the appellant has submitted that due to financial crunch, the appellant could not file this Criminal Appeal within time and the appellant is in custody since 14.10.2022 and hence, the delay of 111 days in filing this Criminal Appeal may be condoned.

4. Learned counsel for the State raised objection.

5. Having heard learned counsel for both the sides and considering the fact that the appellant is in custody since 14.10.2022, the delay of 52 days in filing this Criminal Appeal is, hereby, condoned.

6. Thus, I.A No. 571 of 2025 is allowed and stands disposed of.

7. Learned counsel for the appellant is directed to implead the victim girl 'X' through her mother as Respondent No. 2 in this case in course of the day.

8. Learned counsel for the State is directed to get served the notice of this Criminal Appeal upon the mother of victim girl 'X' through Superintendent of Police, Sahibganj in the light of 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 mother of victim girl 'X'.

8. Admit.

9. Call for the scanned copy of the Lower Court Records.

10. Put up this case after five weeks.

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

(Sanjay Prasad, J.) Avinash/