Jharkhand Ranchi Court February 2011 Judgments
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Shyam Sunder MishrA. Vs. the Steel Authority of India Limited, Bokaro ...
Court: Jharkhand Ranchi
Decided on: Feb-28-2011
1. This writ petition has been filed for quashing the judgment dated 02/12/2010, passed by the learned District & Sessions Judge, Bokaro, in Misc. Appeal No. 20/2010, dismissing the appeal; the order dated 07/04/2008, passed by the Estate Officer, Bokaro Steel City, Bokaro in Case No. A/D 135/2007, directing the petitioner to vacate the quarter no. II A2/181, within 15 days from the date of the order and also for quashing the order dated 20/12/2006, passed by the Managing Director, rejecting the prayer of the petitioner for leasing out of the Quarter No. II A2/181 in terms of the leasing Scheme 2002. It may be noted here that the petitioner did not annex the copy of the order dated 20/12/2006. However, Mr. A. Sen, learned counsel for the respondents produced it and the parties advanced their arguments on it, and it is kept on the record.2. Mr. Dubey, learned counsel appearing for the petitioner submitted that the petitioner had applied for longterm lease pursuant to the Scheme of the r...
KamaruddIn Ansari. Vs. the State of Jharkhand.
Court: Jharkhand Ranchi
Decided on: Feb-24-2011
1. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the F.I.R. and the entire criminal proceeding in connection with Jamua P.S. Case No. 159 of 2009 registered on 01.09.2009, corresponding to G.R.No.1842 of 2009 being the second F.I.R. for the same cause of action though earlier First Information Report was lodged at the same Police Station vide Jamua P.S. Case No.111 of 2009 on 23.06.2009, corresponding to G.R.No.1313 of 2009 pending in the Court of the C.J.M., Giridih for the alleged offence under Sections 414/34 of the Indian Penal Code.2. Jamua P.S. Case No.111 of 2009 was lodged on 23.06.2009 for the alleged offence under Sections 279/337/338/304(a) of I.P.C. wherein the motorcycle rider Ram Chandra Mandal succumbed to his injuries in the accident caused by a "Maruti Van" bearing No.B.I.R. 6363 which was driven rashly and negligently and the case was instituted against unknown driver of the ...
Bhagwan Prasad. Vs the State of Jharkhand.
Court: Jharkhand Ranchi
Decided on: Feb-15-2011
1. "State of Jharkhand (through C.B.I.) v. Sri Bhagwan Prasad'" the appellant before us has been convicted u/s 302/201 IPC. He has been sentenced to imprisonment for life and a fine of Rs. 5000/- u/s 302 IPC, and a further simple imprisonment for one month in default of payment of the fine. The sentence awarded u/s 201 I.P.C. is two years R.I. The sentences have been directed to run concurrently.2. We have heard Sri B.M. Tripathy, Sr. Advocate assisted by M/s C.P. Kiran, Nutan Sharma and Naveen Kumar Jaiswal Advocates appearing for the appellant and Sri Mokhtar Khan, the learned A.S.G.I. representing the C.B.I., at great length over several days. Both sides have also given written submissions and cited a plethora of case law, much of which is either not applicable or not necessary on the facts of the present case. There is no eye witness. The case is based purely on circumstantial evidence. We therefore proceed to examine the prosecution case and evidence in the light of the law declar...
S. Burman @ Satidas Burman. Vs. the State of Jharkhand and anr.
Court: Jharkhand Ranchi
Decided on: Feb-09-2011
1. The petitioner has invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of his criminal prosecution in Complaint Case No.108/1998, including the order dated 21st September, 2001 by which processes were directed to be issued against him by Ms. Premlata Tripathi, Judicial Magistrate, 1st Class, Bokaro for the alleged offence under Sections 406/420/120-B of the Indian Penal Code. The case is presently pending in the court of Sri A. Kumar, Judicial Magistrate, 1st Class, Bokaro.2. Prosecution story in short was that the complainant-opposite party No.2 Shri Basudeo Mishra had filed Complaint Case No.108/1998 before the Chief Judicial Magistrate, Bokaro against as many as nine accused persons alleging, inter alia, that in January, 1997, TELCO in association with M/s. Enar Industrial Enterprises Ltd. (the Dealer) organized a seminar at Bokaro Steel City where the accused persons highlighted the features of a newly made chassis branded a...
Mukesh Ranjan. Vs. the State of Jharkhand and anr.
Court: Jharkhand Ranchi
Decided on: Feb-04-2011
1. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the entire criminal prosecution arising out of Complaint Case No.664 /07 pending before the S.D.J.M., Ranchi including the order impugned dated 19.5.2008 by which cognizance of the offence was taken under Section 498A of the Indian Penal Code.2. Prosecution story in short was that the opposite party No.2 was married to the accused-petitioner No.1 on 21.6.1999 according to Hindu rites and customs prevalent at Dumka where her father was posted there during service. After her marriage, she went to her matrimonial home at Maksudpur in the district of Patna. It was alleged in the complaint that within a month of her marriage, the accused persons started extending torture and subjecting her to inhumane behaviour and cruelty and they started demanding Rs.5,00,000/- to be brought from her parental home in spite of the fact that valuable gifts were presented to h...
Sunil Kumar Choudhary and ors. Vs. the State of Jharkhand and anr.
Court: Jharkhand Ranchi
Decided on: Feb-04-2011
1. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the entire criminal prosecution arising out of Complaint Case No.664 /07 pending before the S.D.J.M., Ranchi including the order impugned dated 19.5.2008 by which cognizance of the offence was taken under Section 498A of the Indian Penal Code.2. Prosecution story in short was that the opposite party No.2 was married to the accused-petitioner No.1 on 21.6.1999 according to Hindu rites and customs prevalent at Dumka where her father was posted there during service. After her marriage, she went to her matrimonial home at Maksudpur in the district of Patna. It was alleged in the complaint that within a month of her marriage, the accused persons started extending torture and subjecting her to inhumane behavior and cruelty and they started demanding Rs.5,00,000/- to be brought from her parental home in spite of the fact that valuable gifts were presented to he...
Jitendra Kumar Rai. Vs. State of Jharkhand.
Court: Jharkhand Ranchi
Decided on: Feb-04-2011
1. All the four appellants on being found guilty were convicted under Section 364A read with Section 120(B) and also under Section 379/120(B) of the Indian Penal Code and were sentenced to undergo imprisonment for life for an offence under Section 364A/120 (B) and further to undergo R.I. for three years for an offence under Section 379/120(B) of the Indian Penal Code.One Mica factory belonging to Alok Rajgaria situates at Tundi Road, Giridih. The proprietor Alok Rajgaria a resident of Kolkata used to visit his factory at Giridih once or two in a month.2. It is the case of the prosecution that on 12.6.2002 Alok Rajgaria left Howrah for Dhanbad at 6.30 a.m by Satabdi Express. Before he left, he instructed his driver, Jitendra Kumar Rai (appellant) to take his car to Dhanbad on 11.6.2002 itself so that he may receive him at Dhanbad Station in the next morning to come to Giridih. Upon reaching Dhanbad Alok Rajgaria made a call to the Head office at Kolkata at 9.20 a.m. about his arrival at...
Ram Lakhan MishrA. Vs. the State of Jharkhand Through Vigilance and or ...
Court: Jharkhand Ranchi
Decided on: Feb-02-2011
1. This Criminal Miscellaneous Petition has been filed for quashing the F.I.R. lodged against the petitioner and others registered as Vigilance P.S. Case No. 13 of 2007 corresponding to Special Case No. 17 of 2007 under Sections 409/420/467/468/471/477A/120B of the Indian Penal Code read with Sections 13(2) & 13(1)(d) of the Prevention of the Corruption Act and also for quashing the entire investigation and proceedings initiated by the police against him on the basis of the said F.I.R. pending before the Special Judge, Vigilance, Ranchi.2. On 03.10.2007 a written report was lodged by the S.P. Vigilance, Ranchi before the Officer charge, Vigilance Department, Ranchi stating irregularities committed in the Employment Guaranteed Scheme in the department of Rural Engineer Organization of the Government of Jharkhand in which it was alleged that the government money has been misutilised. The irregularities were enquired. The irregularities committed was with regard to the construction/repair...
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