Jharkhand Court May 2006 Judgments
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Shyamdeo Modi Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-16-2006
Reported in: 2006CriLJ4195
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer of the petitioner in this writ application is to quash the order dated 14-7-2005 passed by the Additional Sessions Judge, VIII, Fast Track Court, Giridih whereby and whereunder, the learned Trial Court, in exercise of the powers under Section 319 of the Criminal Procedure Code allowed the prayer of the prosecution to summon Shyamdeo Modi i.e. the present petitioner to stand trial along with other accused persons on the ground that there was ample evidence on the record to show that Shyamdeo Modi was a man behind the curtain and had played a vital role in commission of the alleged crime and Shyamdeo Modi appeared to be guilty of offence of kidnapping of the minor boy Amit Kumar alias Tinku.3. The facts which are relevant for the purpose of this application are that one Bhagwan Lal Burnwal lodged the First Information Report on 5.2.2004 regarding kidnapping of his minor son Amit Kumar alias Tinku, aged about 11 years. The said F...
Rajdeo Singh Vs. State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: May-16-2006
Reported in: 2006CriLJ4490
1. The accused appeals.2. The appellant, Rajdeo Singh @ Bhanjan Singh @ Manjan Singh, was tried and convicted under Section 302 and on being convicted, he was sentenced to imprisonment for life. The present appeal is against the said conviction and sentence.3. The facts necessary to dispose of this appeal are as follows: Lalita Kumari, deceased in this case, is the daughter of P.W. 4, Beni Sahu. P.W. 8, Gita Devi, is the mother of the deceased. P.W. 1, Jitan Kumari, is the friend of the deceased. The deceased and Jitan Kumari, P.W. 1, went to Jungle at about 3.00 p.m. on 14-4-1994 to collect dead woods. After collecting dead woods, they were returning to their house with bundles of wood on their head. When they were on their way to the house, the appellant appeared before them and caught hold of the hands of Lalita Kumari. The deceased protested. The appellant took out a dragger from his waist and inflicted stab injuries on various part of her body including her neck. The deceased fell...
Subhendu Bhushan Mahanty Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR294(Jhr)]
ORDERS.J. Mukhopadhaya, J.1. This writ petition has been preferred by the petitioner for a declaration that he is entitled to continue in the service up to the age of 60 years in pursuance of Resolution, contained in Memo No. 7/V.V.P.-56/2004 Ka. 5826/Ranchi dated 26th October, 2004, issued by the State of Jharkhand, read with Resolution, contained in Memo No. 2/Estb.Co.-178/2004/ 1879, Ranchi dated 28th December, 2005 and other letters, as contained in Annexure 2 series. Further prayer has been made to set aside the order, contained in 1298 dated 31st October, 2005, whereby and whereunder, the petitioner has been superannuated with effect from 31st October, 2005. 2. As the case can be disposed of on a short point, it is not necessary to discuss all the facts, except the relevant, as detailed hereunder. 3. The petitioner is an employee of 'The Singhbhum District Central Co-operative Bank Limited, Chaibasa' (hereinafter to be referred as 'Co-operative Bank'). The employees of the Cooper...
Kanchan Agrawala Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR299(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ application the petitioner has prayed for quashing the order dated 20.8.2005 passed by Divisional Forest Officer-cum-Confiscating Authority, Ramgarh, Hazaribagh whereby he has passed order for confiscation of the vehicle of the petitioner for committing forest offence by transporting 250 gunny bags of soft coal in the said vehicle. 2. This case has a chequered history which will show as to how the confiscation proceeding continued for five years. 3. On 30.8.2001 the vehicle (truck No. BPY 7482) owned and possessed by the petitioner was seized along with 250 gunny bags of soft coal. The Forest Officer, who seized the vehicle, lodged a first information report and also submitted report that the soft coal was procured from the forestland. On the basis of report a confiscation proceeding was initiated for the alleged commission of offence under Section 52 of the Indian Forest Act being confiscation case No. 59 of 2001. The petitioner moved the Chief Judic...
Miss Chonhati Panna Vs. the State of Jharkhand Through Its Chief Secre ...
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR68(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition the petitioner, inter alia, prays for quashing the seniority-list prepared for 877 Officers of the state Administrative Service by the respondents appearing in the newspaper report dated 26th November, 2003 as the same is defective, unjust and improper. Further prayer has been made for quashing the recommendation of 41 officers of the State Administrative Service whose names have been proposed by the State Government for promotion to the rank of Indian Administrative Service and further for a direction upon the respondents to consider the due promotion of the petitioner in State Administrative Service Super Time Grade-I in the rank of Additional District Magistrate.2. The petitioner's case is that she was appointed in the State Administrative Service in 1978 and was confirmed in 1982. In 1983, she was promoted to Junior Selection Grade and in 1989 she was promoted to Senior Selection Grade. By virtue of promotion in 1989, the petitioner said ...
Mukesh Kumar Verma Vs. the State of Jharkhand,
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR22(Jhr)]
ORDERM.Y. Eqbal, J.1. In this writ petition, the petitioner has prayed for issuance of writ of mandamus directing the respondents, particularly, respondent No. 4 the Superintendent of Police, Bokaro, to appoint him in the post of Constable and also allow him to join his duty as Constable in Bokaro Police Force, since the petitioner has been selected after fulfilling all necessary conditions and all the documents were verified for issuance of appointment letter.2. Pursuant to the advertisement No. 1/2004, the petitioner applied for appointment on the post of Constable from Homeguard cadre. The petitioner was selected and a letter of appointment was issued on 15.4.2005 directing him to appear on 22.4.2005 with all original documents. It is contended by the petitioner that he appeared before the respondent No. 4 with all the original documents including educational certificates. But in course of verification, the petitioner was verbally told that the school certificate issued by the Hindi...
Ranit Deo Yadav Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR301(Jhr)]
ORDERM.Y. Eqbal, J. 1. In this writ application the petitioner has prayed for issuance of an appropriate writ in the nature of certiorari for quashing the office order No. 70 contained in Memo No. 1752 dated 3.12.2005 (Annexure 8) by which the petitioner was removed from the charge of Anandpur, Dalbhum Division and was directed to work at Minor Forest Produce Project, Daltonganj Division and also for issuance of a writ of certiorori for quashing the office order No. 76 as contained in memo No. 1781 dated 9.12.2005 (Annexure 11) by which respondent No. 6 has been transferred to Minor Forest Produce Project, Anandpur Range, Dalbhum Division. Petitioner has further prayed for issuance of a writ in the nature of certiorari for quashing the officer order No. 84 as contained in memo No. 1821 dated 15.12.2005 (Annexure 13) by which the petitioner has been transferred/posted at Minor Forest Produce Project Garhwa I Range.2. Petitioner was appointed on the post of Range Officer in 1991. In 2003...
All Bihar Christians Schools Association Vs. the State of Bihar (Now J ...
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR450(Jhr)]
R.K. Merathia, J.1. Petitioner has prayed for quashing the order dated 19.12.1996 (Annexure-II), passed by the respondent No. 2 to the extent that the dismissal of the respondent Nos. 3 and 4 by the petitioner on 20.02.1991, was disapproved and petitioner was directed to reinstate them.2. Mr. Ughal, learned Counsel for the petitioner submitted that appointment of respondent Nos. 3 and 4 was found void ab initio. The then Secretary of School confirmed that no meeting of the Managing Committee was held regarding the appointment of respondent Nos. 3 and 4 on 12.12.1985 and 26.07.1987. The then Principal of the School, being sister of respondent No. 4, managed to get approval of such appointments by the department. When it came to the notice of the Management that the appointment of respondent Nos. 3 and 4 was illegal, they were asked to produce papers in support of their appointment by letter dated 18.01.1991 (Annexure-8 & 8/1), but they did not respond to the same. Accordingly, their app...
R.T. Singh and anr. Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR360(Jhr)]
D.K. Sinha, J.1. The petitioners have preferred this petition for quashing of their criminal prosecution including the order impugned dated 26.8.2002 whereby and whereunder the CJM Jamshedpur took cognizance of the offence under Section 22-A of the Minimum Wages Act, 1948 (hereinafter referred to as the Act) in C/2 case No. 2007/02 now pending in the Court of Miss Shweta Kumari, Judicial Magistrate, 1st Class, Jamshedpur.2. The prosecution report/complaint case vide C/2 case No. 2007/02 was filed by the complainant/OP No. 2 herein against the petitioners and Ors. for the alleged violation of Sections 12(1) and 18 of the Minimum Wages Act, 1948 and Rules 21(4), 22, 25(2), 26, 26(1), 26(2) and 26(5) of the Minimum Wages (Central) Rules, 1950 on the backdrop that when the OP No. 2 on 15.7.2002 with the witnesses had inspected Bharat Special Security, Jamshedpur situated in M/s. Dealers Apprentices Hostel, irregularities were found in contravention of the Minimum Wages Act and the Rules as...
Bachha Singh @ Bachcha Singh Vs. State of Jharkhand
Court: Jharkhand
Decided on: May-15-2006
Reported in: [2006(3)JCR419(Jhr)]
ORDERD.K. Sinha, J.1. The petitioner Bachha Singh @ Bachcha Singh has field the petition under Section 482 of the Code of Criminal Procedure for setting aside the order impugned dated 7.1.2006 passed against the petitioner by the Additional Sessions Judge, FTC IV, Dhanbad in Sessions Trial No. 301 of 2002.2. The petitioner with another is facing trial for the offence under Sections 302, 307 and 120-B of the Indian Penal Code and after framing of charge several witnesses have been produced and examined on behalf of the prosecution including the informant as PW 12 and the witness Manoj Kumar Singh as PW 13. The petition of the petitioner was rejected as impugned whereby and whereunder it was prayed for recalling of the Investigating Officer (PW 12) for his further cross-examination by way of drawing his attention in relation to certain development made in his evidence adduced by PW 13 beyond the statement made before the police under Section 161 of the Code of Criminal Procedure. The Inv...
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