Betka Pavariya vs The State Of Jharkhand
2025 Latest Caselaw 1582 Jhar

Jharkhand High Court

Betka Pavariya 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. 174 of 2025
                       ....

Betka Pavariya                               ......Appellant
                   Versus
The State of Jharkhand                         ......Respondent
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CORAM:        HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellants : Mr. Ankit Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, 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 (Cr.) No. 965 of 2025

2. I.A (Cr.) No. 965 of 2025 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condoning the delay of 107 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 for more than one and half years 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 in view of the fact that the appellant is in custody for more than one and half years and also in view of the averments made in Paragraph nos. 4 to 9 of the I.A (Cr.) No. 965 of 2025, the delay of 107 days in filing this Criminal Appeal is, hereby, condoned.

6. Thus, I.A (Cr.) No. 965 of 2025 is allowed and stands disposed of.

Cr. Appeal (S.J) No. 174 of 2025

7. Learned counsel for the State is directed to get served the notice of this Criminal Appeal upon the guardian of victim girl 'X' through Superintendent of Police, Godda 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 guardian of victim girl 'X'.

8. Admit.

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

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

(Sanjay Prasad, J.) Avinash/