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Ali Mohammad Sheikh Vs. The State of Jharkhand and Anr

Ali Mohammad Sheikh vs The State of Jharkhand and Anr

Type Court Judgment Court Jharkhand Decided Jun 15, 2015
~11 min read
https://sooperkanoon.com/case/52233

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Citation
Court
Jharkhand High Court
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Ali Mohammad Sheikh

Respondent

The State of Jharkhand and Anr

Excerpt

.....prayed to this court to return lower court record of s.t. no. 421 of 2005 which was sent to this court in reference to the above case and in analogous case but one supplementary file was opened bearing st no. 310 of 2006 (a) which is pending in his court, where lower court record is urgently required. office is directed to return the lower court record to the court concerned in view of the puc with the direction to that court to send the record immediately after disposal of the st no. 310 of 2006 (a). (r.n.verma, j.) smita/- in the high court of jharkhand at ranchi cr. appeal (s.j.) no. 136 of 2010 rajeev kumar singh @ bablu, son of ramesh kumar singh, resident of j.c. mallick road, dhanbad, p.s. & district - dhanbad … appellant(s) versus the state of jharkhand … respondent coram: hon’ble mr. justice ravi nath verma for the petitioner(s) : mr. manoj kumar, adv. for the respondent : addl. p.p. 03/ 15.06.2015 through puc, learned district & addl. sessions judge- xiii, dhanbad has prayed this court to return lower court record of s.t. no. 197 of 2004 which was sent to this court in reference to cr. appeal no. 86 of 2010 and 136 of 2010 but the said lower court record is now required in a supplementary record s.t. no. 197 a of 2004, which is pending in his court. office is directed to return the lower court record to the court concerned in view of the puc with the direction to that court to send the file immediately after disposal of the st no. 197a of 2004. (r.n.verma, j.) smita/- in the high court of jharkhand at ranchi cr. appeal (s.j.) no. 582 of 2011 md. sahid ansari @ md. sayeed ansari, son of kamruddih, resident of village- gilha, p.o.- barhait, p.s.- barhait, dist.- sahibganj … appellant(s) versus the state of jharkhand … opposite party coram: hon’ble mr. justice ravi nath verma for the petitioner(s) : mr. s. n. p. roy, adv. for the opp. party : addl. p.p. 06/ 15.06.2015 through puc, the learned district & addl. sessions judge- i, sahibganj has.....

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 381 of 2015 Jagjeet Singh @ Jagjeet Singh Sandhu, Son of Mohan Singh, Resident of H. No. 149, New Layout, Sitaramdera, P.O.- Agrico, P.S.- Sitaramdera Town- Jamshedpur Dist.- East Singhbhum … Petitioner(s) Versus

1. The State of Jharkhand

2. Srinivas Rao, Son of Krishna Kanhaiya, Resident of Krishna Road, Sekhar Bagan , New Tata Line, P.O. & P.S.- Sidhgora Town- Jamshedpur, Dist- East Singhbhum … Opposite Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. G. M. Singh, Adv. For the Opposite Parties : Addl. P.P. 04/ 15.06.2015 By filing Interlocutory Application bearing no. 2768 of 2015, the prayer of both the parties is to dispose of this Criminal Revision no. 381 of 2015 in terms of the joint compromise petition filed before this court. Learned counsel appearing for the petitioner as well as the learned counsel appearing for the opposite party jointly submitted that both parties have settled their dispute outside the Court and in terms of the compromise, the payment has also been made. It was also submitted that now no dispute exists between the parties. Hence, the judgment of trial court by which this appellant was convicted under the section 138 of the NIA Act was sentenced to undergo SI for six months and the judgment of appellate court whereby the conviction and sentence was affirmed, may be set aside as the above provision is compoundable at any stage even before appellate court . In view of the submissions of the counsels and the fact that a joint compromise petition has been filed duly signed by both the parties, I am inclined to set aside the judgment of the trial court dt. 18.05.12 passed in C/1 case no. 890 of 2010 ( T.R. No. 1022 of 2012) by Judicial Magistrate, 1st class, Jamshedpur as well as the appellate court dated 07.09.2013 passed by Principal Sessions Judge, Jamshedpur in Criminal Appeal No. 147 of 2012. The Interlocutory Application, is thus disposed of. Resultantly, the above Criminal Revision application is allowed. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal No. 261 of 2015

1. Kailash Sahu @ Kailash Sah, son of Sri Sitaram Sahu,

2. Sitaram Sahu @ Sitaram Sah, Son of late Ramlal Sahu

3. Smt. Chinki Devi, wife of Sitaram Sahu All residents of village Sitala Chowk, Parsudih, Jamshedpur, P.S. Parsudih, Dist.- East Singhbhum … Appellant(s) Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. A. K. Kashyap, Adv. For the Opposite Party : Addl. P.P. 04/ 15.06.2015 An Interlocutory Application bearing no. 5477 of 2014, has been filed by the appellant stating therein that the appellant no. 2 Sitaram Sahu @ Sitaram Sah died during pendency of this appeal on 09.11.11. A death certificate issued by an appropriate authority to that extent is enclosed with the Interlocutory Application as annexure ‘1’. Under the circumstances, as stated above, the name of the opposite party no. 2 Sitaram Sahu @ Sitaram Sah is directed to be deleted from the record and this Interlocutory Application is hereby disposed of. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal No. 206 of 2006 Janeshwar Mistry, Son of Late Bhango Mistry, Resident of village Hisari, P.S.- Balumath, Dist- Latehar … Appellant(s) Versus The State of Jharkhand … Respondent Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mrs. Jaya Roy, Adv. For the Respondent : Addl. P.P. 04/ 15.06.2015 An Interlocutory Application bearing no. 2559 of 2015, has been filed at the instance of the appellant with a prayer that the earlier advocate appointed in this case, had been elevated to the Bench and since thereafter, no vakalatnama was filed on behalf of the appellant except the present one along with this Interlocutory Application and the prayer is to accept vakalatnama of the present counsel Mr. Pravin Kumar Rana on behalf of the appellant. Prayer is allowed and this Interlocutory Application is hereby disposed of. From today onwards, the name of the present counsel will appear in the cause list. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal No. 377 of 2009 Kaila Mian, S/o Umar Ali Mia, R/o Bhuinya Chatro, P.S.- Topchanchi, Dist.- Dhanbad … Appellant(s) Versus The State of Jharkhand … Respondent Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. V. Pandey, Adv. For the Respondent : Addl. P.P. 06/ 15.06.2015 Through PUC, Addl. Sessions Judge- XIII, Dhanbad has prayed to this court to return lower court record of S.T. No. 421 of 2005 which was sent to this court in reference to the above case and in analogous case but one supplementary file was opened bearing ST no. 310 of 2006 (A) which is pending in his court, where lower court record is urgently required. Office is directed to return the lower court record to the court concerned in view of the PUC with the direction to that court to send the record immediately after disposal of the ST no. 310 of 2006 (A). (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 136 of 2010 Rajeev Kumar Singh @ Bablu, Son of Ramesh Kumar Singh, Resident of J.

C. Mallick Road, Dhanbad, P.S. & District - Dhanbad … Appellant(s) Versus The State of Jharkhand … Respondent Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. Manoj Kumar, Adv. For the Respondent : Addl. P.P. 03/ 15.06.2015 Through PUC, learned District & Addl. Sessions Judge- XIII, Dhanbad has prayed this court to return lower court record of S.T. No. 197 of 2004 which was sent to this Court in reference to Cr. Appeal no. 86 of 2010 and 136 of 2010 but the said lower court record is now required in a supplementary record S.T. no. 197 A of 2004, which is pending in his court. Office is directed to return the lower court record to the court concerned in view of the PUC with the direction to that court to send the file immediately after disposal of the ST no. 197A of 2004. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 582 of 2011 Md. Sahid Ansari @ Md. Sayeed Ansari, Son of Kamruddih, Resident of village- Gilha, P.O.- Barhait, P.S.- Barhait, Dist.- Sahibganj … Appellant(s) Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. S. N. P. Roy, Adv. For the Opp. Party : Addl. P.P. 06/ 15.06.2015 Through PUC, the learned District & Addl. Sessions Judge- I, Sahibganj has prayed this court to return the lower court record of S.C. No. 138 of 1988 which was sent to this Court in reference to Cr. Appeal No. 582 of 2011 but the said lower court record is now required in S.C. No. 138 of 1988, which is pending in his court. Office is directed to return the lower court record to the court concerned in view of the PUC with the direction to that court to send the file immediately after disposal of the S.C. No. 138 of 1988. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 1061 of 2012 Gaffar Sk @ Gaffaruddin Sk, Son of Abul Shekh, Resident of village Beldnga, P.O.- Kistonagar, P.S.- Pakur (M), Dist.- Pakur … Petitioner(s) Versus 1. The State of Jharkhand 2. Sakera Bibi, Wife of Gaffaruddin Sheikh, Daughter of Naimuddin Sheikh, Resident of village Beldanga, P..O.- Kistonagar, P.S.- Pakur (M), Dist.- Pakur … Opposite Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. S. Akhtar, Adv. For the Opp. Parties : Addl. P.P. 08/ 15.06.2015 Vide order dated 24.02.15, the petitioner was directed to take steps for service of notice to O.P. no. 2 under ordinary process as also under registered post with A.D. but from the office notes dated 29.04.18, it appears that neither the service report nor the A.D. has been received as yet. Since the matter is arising out of maintenance case under the Family Court Act, the petitioner is directed to take fresh steps for service of notice to the O.P. No. 2 under ordinary process and also under registered post with A.D. for which requisites etc. must be filed within one week from the date of this order. Put up this case after appearance of the O.P. No.

2. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 284 of 2013 Gul N. Jagwani, Son of late Nihal Chand Jagwani, Resident of Vijay Nagar, 22/2, Opposite Shiv Temple, Near Nav Jeevan Society, R.C. Marg, Chembur Mumbai, State- Maharastra … Petitioner(s) Versus 1. The State of Jharkhand 2. Binod Shankar, Son of Late Dr. Bhagwat Prasad, Resident of H.I.G.- 53, Housing Board Colony, P.O. + P.S. + Dist.- Dhanbad (Proprietor of M/s Rishi Enterprises), Office t:- Bhagwat Complex, J.C. Mullick Road, Heerapur, P.O. + P.S+ Dist.- Dhanbad … Opposite Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. Anil Kr. Sinha, Adv. For the Opp. Parties : Addl. P.P. 04/ 15.06.2015 Vide order dated 10.03.15, status report of the case was called for from the court concerned but from office notes dated 14.05.15, it appears that the same has not been received as yet. Call for an explanation from the court concerned within two weeks as to why direction given by order dated 10.03.15 has not been complied. Put up this case after submission of the explanation. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 497 of 2013 Pappu Pandey and Ors. … Petitioners Versus The State of Jharkhand … Opposite Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. Amrendra Kumar, Adv. For the Opp. Parties : Addl. P.P. 05/ 15.06.2015 Vide order dated 10.03.15, status report of the case was called for from the court concerned but from office notes dated 16.04.15, it appears that the same has not been received as yet. Call for an explanation from the court concerned within two weeks as to why direction given in order dated 10.03.15 has not been complied. Put up this case after two weeks on submission of the explanation. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 101 of 2015 Mithlesh Prasad, S/o Umesh Narayan Prasad, Resident of Hosir, Tola Laraiyatand, P.O.- Hosir, P.S.- Gomia, Dist.- Bokaro … Petitioner(s) Versus 1. The State of Jharkhand 2. Umesh Narayan Prasad, Son of late sharda Anugrah Prasad, Resident of Hosir, Tola Laraiyatand, P.O.- Hosir, P.S.-Gomia, Dist.- Bokaro …. Opp. Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. R. K. Mahtha, Adv. For the Opp. Parties : Addl. P.P. 03/ 15.06.2015 Issue notice to Opposite Party no. 2 under registered cover with A/d as well as ordinary process, for which requisites etc. must be filed within two weeks, failing which, this revision application shall stand dismissed without further reference to the Bench. Put up this case on 21th July, 2015. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1143 of 2014 Ali Mohammad Sheikh @ Sheikh Ali Mohammad Son of Jagdish Sheikh, R/o Vill- Nimdanga P.O. & P.S.- Nituria Dist.- Purulia (West Bengal) … Petitioner(s) Versus 1. The State of Jharkhand 2. Hasila Bibi, W/o Ali Mohammad Sheikh, R/o Pandra, P.O. Pandradih, P.S.- Nirsa, Dist.- Dhanbad …. Opp. Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. Kumar Nilesh, Adv. For the Opp. Parties : Addl. P.P. 05/ 15.06.2015 Issue notice to Opposite Party no. 2 under registered cover with A/d as well as ordinary process, for which requisites etc. must be filed within two weeks, failing which, this revision application shall stand dismissed without further reference to the Bench. Put up this case on 21th July, 2015. (R.N.Verma, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 530 of 2014 Md. Jahangir @ Jahagir Anasari @ Jahagir S/o Late Khalil Mia, R/o UG General Mazdoor Bhowra Coke Plant P.O. & P.S.- Bhowra, Dist- Dhanbad … Petitioner(s) Versus 1. The State of Jharkhand 2. Masuran Bibi, W/o Khalil Mia R/o Jailgora No. 7m Bararu More, P.O. & P.S.- Jorapokhar Dist.- Dhanbad …. Opp. Parties Coram: HON’BLE MR. JUSTICE RAVI NATH VERMA For the Petitioner(s) : Mr. Kumar Nilesh, Adv. For the Opp. Parties : Addl. P.P. 05/ 15.06.2015 After some argument, learned counsel appearing for the petitioner seeks permission to withdraw the aforesaid criminal revision application. Learned counsel representing the State is present in the court. Prayer is allowed. The aforesaid revision application is dismissed as withdrawn. (R.N.Verma, J.) Smita/-

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