Jharkhand Court June 2005 Judgments
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Pradipta Sahu and ors. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: 2005(2)BLJR1367; II(2006)DMC15; [2005(3)JCR239(Jhr)]
ORDERS.J. Mukhopadhaya, J. 1. This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners, named above, for quashing the entire criminal proceedings of CP No. 163 of 2004, registered for the offence under Section 498-A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, as also all the orders, passed therein, including the orders dated 16th June, 2004, 21st August, 2004 and 12th October, 2004, pending in the Court of learned Sub Divisional Judicial Magistrate, Bokaro. Aforesaid prayer has been made mainly on the ground that no part of the alleged offence having been committed within the territorial jurisdiction of the learned Magistrate, the proceeding is not maintainable.2. The case of the petitioners is that marriage between petitioner No. 1. namely, Pradipta Sahu, and opposite party No. 2, namely, Mrs. Anuradha @ Minu Sahu, was solemnized on 17th April, 2003, according to Hindu rites and customs at Ghanty Milan Mandir, District-...
Narottamka Mercantitle Pvt. Ltd. and ors. Vs. State of Jharkhand and o ...
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: [2005(4)JCR61(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Dr. Debi Pal, learned Senior Counsel appearing on be- half of the petitioners and Mr. A.K. Sinha, learned Advocate General appearing on be- half of the respondents on the interlocutory application being LA. No. 1480/2005 filed by the respondent-State for vacating the order of stay dated 18.5.2005 passed in the instant writ petitions.2. The petitioners have filed the instant writ petitions challenging the tender notice dated 27.1.2005 published in daily newspaper for supply of country liquor in the State of Jharkhand for the period 1.4.2005 to 31 March, 2008 and also for a direction to calculate the minimum guarantee quota on actual consumption of liquor in the preceding year and not to demand security deposit and solvency certificate in terms of clause (2) (Ka) and 2 (Gha) of the tender notice.3. It appears that a similar writ petition was filed by another tender, namely, M/s. Pick Up Credit and Trading Company Pvt. Ltd. Ranchi being WPC No. 1059/2005 challe...
Kisto Singh Munda @ Kisto Munda Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: 2005(53)BLJR1378; [2005(3)JCR265(Jhr)]
S.J. Mukhopadhaya, J.1. This Criminal Appeal has been preferred by appellant Kisto Singh Munda alias Kisto Munda against the judgment and order of conviction and sentence both dated 5th June, 1996, passed by the learned Additional Sessions Judge, Seraikella, Singhbhum (West), in Sessions Trial No. 232 of 1993, whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life for the alleged offence for committing murder of his pregnant wife.2. The prosecution has arisen on the basis of fardbeyan of one Dhananjay Singh Munda (PW 1), brother of deceased Purni Mundain (wife of the appellant), lodged on 19th April, 1993 at 3.00 p.m., wherein he has alleged that his younger sister Purni (deceased) was married about 10-12 years ago with the appellant Kisto Singh Munda and they have a daughter, aged about 6-7 years, who is known as Rajeshwari. It was further stated that on the said day i.e. 19th A...
Shiv Kumar Gupta Vs. State of Jharkhand
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: 2005(2)BLJR1535; [2005(3)JCR282(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner on 9th December, 2004, praying therein, for issuance of an appropriate writ/order/ direction from this Court, commanding upon the concerned respondent to release him from jail custody forthwith in connection with R.C. No. 8 (A) of 2004 (AHD-R), registered under Section 7 of the Prevention of Corruption Act, now pending in the Court of learned Special Judge, CBI, Dhanbad.2. The main plea taken is that the detention of the petitioner in jail custody with effect from 20th September, 2004 is in the teeth of the provisions under Section 309(2) of the Code of Criminal Procedure, remand having been made even after the statutory period without taking cognizance.3. The case of the prosecution is that one Sri S.N. Jha (complainant) submitted a complaint to the Central Bureau of Investigation (hereinafter to be referred as 'CBI') on 18th April, 2004 to the effect that the petitioner Shiv Kumar Gupta, Superintendi...
Agniraj Briquette Company and anr. Vs. Bharat Coking Coal Limited and ...
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: [2005(4)JCR63(Jhr)]
ORDERM.Y. Eqbal, J.1. Heard Mr. P.K. Prasad, learned counsel for the petitioners and Mr. Ananda Sen, learned counsel for the respondent-BCCL.2. In this writ application the petitioners have prayed for quashing the direction as contained in Wireless Message dated 8.3.2005, whereby supply of coal as per the linkage granted to the petitioners has been suspended.3. The case of the petitioner is that they are carrying on business of manufacture of briquette and they have been granted coal linkage by the Coal India Ltd. On 23.10.2004 an FIR was lodged against the petitioners alleging commission of offences under Sections 419, 420, 467, 468, 471, 414 and 120-B, IPC, which was registered as Govindpur P.S. Case No. 253 of 2004 alleging inter alia that certain trucks were intercepted and the truck drivers confessed that the coal loaded therein was to be unloaded at the Mandi at Varanasi. On the basis of FIR, the Deputy Superintendent of Police, Headquarter, Dhanbad directed the authorities of th...
Umesh Chandra Vidyarthi and Anu Mishra Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: 2005(3)BLJR1730; [2005(4)JCR228(Jhr)]
ORDER1. As the writ petitions filed by one or other parties, are party-respondents to the other writ petition, they were heard together and are being disposed of by this common order.2. The first writ petition, WP (Cr) Habeas Corpus No. 195 of 2005 has been preferred by Umesh Chandra Vidyarthi for direction on the 2nd respondent to take steps for production of his daughter Anu Mishra, who is the petitioner in the second case.3. The second case i.e. WP (Cr) Habeas Corpus No. 197 of 2005 has been preferred by Anu Mishra, daughter of Umesh Chandra Vidyarthi (petitioner of the first case) against the order dated 25th May, 2005 passed by the learned SDJM, Ranchi in Complaint Case No. 1095 of 2004, whereby and whereunder, she was directed to appear, in person, before the Court below.4. Having heard the counsel for the parties and on perusal of the writ petitions, it appears that the complainant (Anu Mishra) initially made certain allegations against her husband and filed a Complaint Case No....
Chandra Kishore Verma Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: 2005(3)BLJR1808; 2005CriLJ327; [2005(4)JCR79(Jhr)]
Amareshwar Sahay, J.1. The appellant, Chandra Kishore Verma along with five others ware put on trial for committing the offence under Sections 395, 397 and 120-B of the Indian Penal Code and under Section 27 of the Arms Act for committing dacoity in the house of the informant, Om Prakash Pacheriwala. The learned trial Court by the impugned judgment dated 20th August, 1993 convicted and sentenced him for the aforesaid offences and directed him to undergo Rl for a period of 7 years under both counts. So far as the other accused who were put on trial along with the appellant, were acquitted from the charges.2. The prosecution story, in short, is that on 18.9.1991, at about 8.15 pm, while the informant, Om Prakash Pacheriwala along with his son, Bijay Kumar and an employee Bachu Singh were making account of days' sale in their house, two dacoits armed with pistol entered into the said room and asked for money and other valuables. The informant's son, Vijay Kumar started put the bundles of ...
Bharat Narayan Singh @ Bharat Singh and Pramod Kumar Jaiswal Vs. State ...
Court: Jharkhand
Decided on: Jun-15-2005
Reported in: [2005(4)JCR76(Jhr)]
Hari Shankar Prasad, J.1. Both these application under Article 226 of the Constitution of India have been filed for quashing the entire criminal prosecution including order dated 8.9.2003 passed in Chatra P.S. Case No. 96 of 1984, corresponding to GR No. 334/84 registered under Sections 379, 411, 413, 420 and 120-B of the Indian Penal Code.2. Facts leading to filing of these applications are that on 1.8.1984 Chitranjan Prasad a Range Officer of Forest, Chatra, (respondent No. 2) filed a written report before the officer-in-charge of Chatra Police Station alleging therein that petitioner-Pramod Kumar Jaiswal had illegally cut and removed khair trees from different protected forests of Chatra Sub-division after engaging labourers and had manufactured Khata for his wrongful gain. It is alleged that after removal of Khata he kept the same in the house of one Zafar Alam @ Gandhiji of Chatra town. It is further alleged that one ASP of Chatra Police Station, on the strength of search warrant,...
Shyam Sundar JaIn Vs. the State of Jharkhand, Gurusharanjeet Singh and ...
Court: Jharkhand
Decided on: Jun-14-2005
Reported in: 2005CriLJ294; [2005(3)JCR421(Jhr)]
Hari Shankar Prasad, J.1. In both the applications, facts alleged are common and, therefore, both the applications are being disposed of by this common order.2. Cr. Misc. No. 4897 of 2001 has been filed for quashing the order dated 7.7.2001 passed in Complaint Case No. 630 of 2001 whereby and where under the learned Judicial Magistrate, Jamshedpur took cognizance against the petitioner under Sections 406/420 IPC, whereas Cr. Misc. No. 4899 of 2001 has been filed for quashing the order dated 5.7.2001 passed in Complaint Case No. 626 of 2001 whereby and where under the learned Judicial Magistrate, Jamshedpur took cognizance against the petitioner under Section 420/406 IPC.3. Facts leading to filing of Cr. M.P. No. 4897 of 2001 are that the complainant of complaint case no. 630 of 2001 is the registered owner of a commercial trailer bearing registration no. HR-38D-7740 which is used for transportation of materials and the petitioner is a transporter of different firms / companies of India...
Workman Shri Sheo Shankar Ram Vs. Presiding Officer, Labour Court and ...
Court: Jharkhand
Decided on: Jun-14-2005
Reported in: [2005(3)JCR241(Jhr)]
M.Y. Eqbal, J. 1. In this writ petition the petitioner-workman has challenged the award dated 31st January, 1997 passed by the Presiding Officer, Labour Court Ranchi in Reference Case No. 8/92 whereby he has held that the concerned workman has been rightly dismissed from service by the respondent-Management.2. This case has a very chequred history. The petitioner was employed as Electrician Grade-II in Muri workshop of the respondent-company. On 2.3.1982, he was asked by the superior officer to charge 12 volt car battery. The petitioner refused to carry out the order on the pretext that he had ho safety tools for charging the same and that he was not receiving battery charges allowances. His complaint was looked into by the management of the respondent-company and the same was found to be baseless. The petitioner was, thereafter, served with a charge-sheet as per the provision of the Certified Standing Order of the company for wilful insubordination or disobedience of the lawful and re...
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