Joba Hembrom vs The State Of Jharkhand
2025 Latest Caselaw 3518 Jhar

Jharkhand High Court

Joba Hembrom vs The State Of Jharkhand on 26 March, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Appeal (SJ) No.204 of 2025
                         ....

 Joba Hembrom                                  ......Appellant
                         Versus
1. The State of Jharkhand
2. X, wife of Y                                ......Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Akhouri Awinash Kumar, Advocate For the State : Mr. P.D. Agrawal, Spl.PP ......

Order No.02/26.03.2025 I.A. No.2864 of 2025 This Criminal Appeal (SJ) has been filed through Jharkhand High Court Legal Services Committee, Ranchi.

I.A. No.2864 of 2025 has been filed under Section 05 of the Limitation Act for condoning the delay of four (04) days in filing this instant Criminal Revision Application.

2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 19.09.2022 and there is no one in his family member hence the delay of four (04) days for filing this Criminal Revision Application may be condoned.

3. Learned APP raised no objection.

4. Having heard learned counsel for both the sides and in view of the averments made in Paragraph Nos.4,5,6,7 and 8 of the I.A. No. 2864 of 2025 the delay of 4 days in filing the instant Criminal Appeal (S.J) is hereby condoned.

Thus, I.A. No.2864 of 2025 is allowed and stands disposed of.

5. Learned counsel for the appellant is directed to implead the mother of victim "X" as Respondent No.2 in this case in course

of the day.

6. Learned A.P.P. is directed to get served memo of appeal along with all documents of this Criminal Appeal (SJ) upon the mother of victim girl "X" through the Superintendent of Police, Chaibasa, 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 necessary affidavit with regard to service of notice upon the mother of victim girl "X".

7. Admit.

8. Call for legible scanned copy of Lower Court Records along with Statement of victim girl recorded under Section 164 of Cr.P.C and medical report of the victim girl, if any.

9. The prayer of bail of the appellant will be heard after receipt of Lower Court Records.

10. Put up this case on 24th April 2024 under the appropriate heading.

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

(Sanjay Prasad, J.) Nishant/-