Pintu Yadav @ Pintu Kumar vs The State Of Jharkhand
2025 Latest Caselaw 3602 Jhar

Jharkhand High Court

Pintu Yadav @ Pintu Kumar vs The State Of Jharkhand on 18 August, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (S.J) No. 528 of 2025
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Pintu Yadav @ Pintu Kumar ......Appellant Versus

1. The State of Jharkhand

2. XX through her father ......Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Manoj Kumar Sah, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P

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Order No: 02/ Dated: 18.08.2025 I.A No. 7243 of 2025 I.A No. 7243 of 2025 has been filed on behalf of the appellant under Section 5 of the Limitation Act for condoning the delay of 07 days in filing this instant Criminal Appeal.

2. Learned counsel for the appellant has submitted that due to financial crunch, the appellant could not file this Criminal Appeal within time. It is submitted that the appellant is in custody and hence, the delay of 07 days in filing this instant Criminal Appeal may be condoned.

3. Learned counsel for the O.P No. 2 raised no objection

4. Having heard learned counsel for both the sides and in view of the averments made in Paragraph nos. 5 to 7 of the I.A No. 7243 of 2025 and also considering the fact that the appellant is in custody, the delay of 07 days in filing this instant Criminal Appeal is, hereby, condoned.

5. Thus, I.A No. 7243 of 2025 is allowed and stands disposed of.

Cr. Appeal (S.J) No. 528 of 2025

6. Admit.

7. Call for the legible scanned copy of the Lower Court Records.

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

9. Learned counsel for the State is directed to get served the notice of this Criminal Appeal upon guardian of the 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 the victim girl 'X'.

10. Put up this case after five weeks.

11. 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/