Chandan Kumar @ Nanhka vs The State Of Jharkhand
2025 Latest Caselaw 3513 Jhar

Jharkhand High Court

Chandan Kumar @ Nanhka vs The State Of Jharkhand on 26 March, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cr. A (SJ). No.211 of 2025
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Chandan Kumar @ Nanhka ......Appellant Versus

1. The State of Jharkhand

2. 'X' Informant ......Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. V.P. Pathak, Advocate For the State : Mr. Saket Kumar, A.P.P ......

Order No.02/26.03.2025 I.A. No.2357 of 2025 I.A. No.2357 of 2025 has been filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 62 days in filing this instant Criminal Appeal.

2. Learned counsel for the appellant has submitted that due to financial crunch, the delay of 62 days occurred and hence the delay of filing this Criminal Appeal (SJ) may be condoned.

3. Learned APP has raised objection.

4. Having heard learned counsel for both the sides and in view of the averments made in Paragraph Nos.5,6,7,8,9 and 10 of the I.A. No.2357 of 2025 the delay of 62 days in filing the instant Criminal Appeal is hereby condoned.

5. Thus, I.A. No.2357 of 2025 is allowed and stands disposed of.

6. Learned counsel for the appellant is directed to implead the Father of the Victim Girl X as Respondent No.2 in this case in course of the day.

7. Learned A.P.P. is directed to get served notice of this Criminal Appeal upon the guardian of victim girl "X" through the

Superintendent of Police, Latehar 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 Notification No.23/2023/R&S/JHC dated 20.12.2023 of the Jharkhand High Court and shall file an affidavit with regard to service of notice upon the Guardian of victim girl "X".

8. Call for the legible scanned copy of the Lower Court Records and along with neatly typed copy of Case Diary as well as Statement of Victim girl recorded under Section 164 of Cr.PC of the victim girl, if any and medical report and Social Investigation Report of the appellant.

9. In the meantime, learned APP is directed to produce the neatly typed copy of Case Diary and Medical Report of the Victim Girl.

10. Put up this case on 30th April 2025.

11. Let a copy of this order be sent to the Office of Superintendent of Police, Latehar by FAX and be also handed over to the learned A.P.P for the needful.

(Sanjay Prasad, J.) Nishant/-