Nirmal Kumar Jha vs The State Of Jharkhand & Ors
2025 Latest Caselaw 6279 Jhar

Jharkhand High Court

Nirmal Kumar Jha vs The State Of Jharkhand & Ors on 7 October, 2025

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Acquittal Appeal (SJ). No. 112 of 2024
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Nirmal Kumar Jha .... .... .... Appellant Versus The State of Jharkhand & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Zaid Imam, Advocate For the Respondents : Mrs. Vandana Bharti, Addl. P.P. : Mr. J.N. Upadhyay, Advocate

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Order No.05 Dated- 07.10.2025 I.A. No.10508 of 2024 Heard the parties.

This interlocutory application has been filed with a prayer to condone the delay of 682 days in filing this acquittal appeal.

It is submitted by the learned counsel for the appellant that this acquittal appeal is directed against the judgment passed in Criminal Appeal No. 62 of 2021 in which the appellant herein was never made a party though the appellant was the informant of Sakchi P.S. Case No.69 of 2012 corresponding to G.R. Case No. 1080 of 2012, hence the appellant could not know about the impugned judgment immediately after passing of the same and he came to know about the same only on 25.05.2023 and thereafter the appellant applied for certified copy on 31.05.2023 but the same was supplied to him on 08.06.2023 and thereafter the appellant became sick and after recovery, he met the advocate in August, 2023 but inadvertently Criminal Revision No. 965 of 2023 was filed instead of filing an acquittal appeal. It is next submitted that the appellant was undergoing medical treatment since 23.04.2024 and had to undergo heart surgery and the same also contributed to the delay in filing this acquittal appeal. It is next submitted that the delay was neither intentional nor deliberate and the appellant has very good grounds to agitate in this acquittal appeal and unless the delay in filing this acquittal appeal is condoned, the appellant will be highly prejudiced.

Considering the facts and circumstances of the case, the delay of 682 days in filing this instant acquittal appeal is condoned. This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) Acquittal Appeal (SJ). No. 112 of 2024 Heard the parties.

Issue notice to the respondent no.3 in the matter of prayer for special leave, by speed post as well as under process of the court for which requisites etc. must be filed within two weeks by the appellant, failing which, this acquittal appeal shall stand dismissed without further reference to the Bench.

Notice is made returnable within six weeks. In case, the requisites are filed, list this acquittal appeal after receipt of the service report of the notice issued to the respondent no.3.

The learned counsel for the respondent no.2 submits that the appellant be directed to supply a copy of the appeal memo as well as the petition for grant of special leave to the respondent no.2.

The learned counsel for the appellant submits that the same will be supplied within two weeks.

(Anil Kumar Choudhary, J.) 07.10.2025 Sonu/Gunjan-