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Jharkhand Court December 2012 Judgments

Dec 19 2012

Mohan Jee Alias Mohan Singh Bhokta Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 8600 of 2012 Mohan Jee @ Mohan Singh Bhokta ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Abhay Kr. Chaturvedy For the State :A. P.P. ----- 03/19.12.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 147, 148, 149, 307, 124A of the Indian Penal Code and Section 17 (I) (ii) of the Criminal Law Amendment Act and Section 25(1-B)(a), 26, 27, 35 of the Arms Act, in connection with Hunterganj P.S. Case No. 154 of 2008, corresponding to G.R. No. 1177 of 2008. From the F.I.R., it appears that there was an encounter between the Police party and the member of the extremists group, in which, two extremists were apprehended by the Police and it also appears the petitioner has been made accused in this case only on the basis of the confessional statement of the apprehended...

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Dec 19 2012

Siya Sharan Prasad Vs. the State of Jharkhand and ors

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont Case (Civil) No. 612 of 2012 Siya Sharan Prasad ..... Petitioner Versus State of Jharkhand & Ors. . Opposite Parties CORAM: HONBLE MR. JUSTICE P. P. BHATT For the Petitioner : M/s. Rajan Raj & Mr. Rohit. For the Opposite Parties : Md. Shamim Akhtar ----- 11/19.12.2012 The present contempt proceedings has been initiated against the respondent as the order, passed by a Bench of this court on 12.01.2012 in A.C. (S.B.) No. 12 of 2007, has not been complied with. In pursuance to the order dated 10.12.2012 passed by this Court, the District Superintendent of Education, Khunti and Secretary of the Managing Committee, GEL Middle School, Umbulbaha, are present before this Court. The learned counsel appearing for the respondent No. 4 Secretary Managing Committee GEL Middle School, Umbulbaha, Khunti requested for one month time for compliance of the order passed by this Court. Request is granted. Respondent Authority shall take further appropriate ste...

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Dec 19 2012

Firoz Mian Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3784 of 2012 Firoz Mian ... ... Petitioner Versus The State of Jharkhand ... ... ... Opposite Party --- CORAM : HON'BLE MRS. JUSTICE JAYA ROY For the Petitioner : Mr. Ram Prawesh Sharma, Advocate For the State : A. P. P. 03/19.12.2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with the case registered under Sections 147, 148, 149, 341, 323, 307, 504, of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is no specific allegation against the petitioner. It is also contended that the other co-accused, namely, Md. Jainul @ Jainul Mian, Md. Zakir Mian @ Zakir Mian, Gulli Mian, Ibrahim Mian @ Ibrahim, Babuni Mian @ Md. Babrali, Anwar Mian @ Md. Anwar Ansari and Md. Sarfuddin Mian, who are standing on the similar footing with the present petitioner have already been granted anticipatory bail by another Bench of this Court...

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Dec 19 2012

Dhananjay Rawani Vs. State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9606 of 2012 Dhananjay Rawani ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Saibal Kumar Laik For the State :A. P.P. ----- 02/19.12.2012 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 392, 412 of the Indian Penal Code, in connection with Nirsa P.S. Case No. 55 of 2012, corresponding to G.R. No. 885 of 2012. The case relates to robbery. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Dhananjay Rawani is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Sri K. Pattadar, learned Judicial Magistrate, 1st Class, Dhanbad, or his successor, in connection with Nirsa P.S. Case No. 55 of 2012, co...

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Dec 19 2012

Shiv Dutt Sharma ? Shambhu Sharma Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Dec-19-2012

In the High Court of Jharkhand at Ranchi Cr.M.P. No.1722 of 2011 with Cr.M.P.No.1740 of 2011 Shiv Dutt Sharma @ Shambhu Sharma..Petitioner(Cr.M.P.1722 of 2011) 1.Vijay Shankar 2.Santosh Kumar Rai 3.Ravi Shankar Kumar 4.Sanjeev Kumar.....................................Petitioners(Cr.M.P.1740 of 2011) VERSUS State of Jharkhand through C.B.I and another ... .Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioners:Mr. P.P.N.Rai, Sr. Advocate For the State :A.P.P For the C.B.I :Mr.M.Khan 16/ 19.12.12. An interlocutory application bearing no.884 of 2012 and also an interlocutory application no.886 of 2012 have been filed in Cr.M.P.Nos. 1722 and 1740 of 2011 respectively whereby an order under which cognizance of the offences has been taken has been challenged. Learned counsel appearing for the petitioners submits that these two applications have been filed for quashing of the first information report but during pendency of these applications, charge sheet was submitted, up...

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Dec 19 2012

Raj Kishore Prasad Singh Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 6612 of 2003 Raj Kishore Prasad Singh Petitioner -V e r s u s- The State of Jharkhand and Ors. Respondents. CORAM: - HONBLE MR. JUSTICE APARESH KUMAR SINGH. For the Petitioner : - None. For the Respondents : - JC to SC-III 06/19.12.2012 No one appears on behalf of the petitioner. However, counsel for the respondents is present. It is submitted by learned counsel appearing on behalf of the respondents that the order of recovery of Rs. 1,03,159.50/- has been passed after proceeding under Rule 43A of Bihar Pension Rules, after retirement of the petitioner on 31.01.1995. A departmental proceeding was initiated on 05.08.1995 itself. However, today no one appears on behalf of the petitioner. It appears that repeated adjournments have been granted earlier either in the absence of petitioner or on his requests. However, by way of last indulgence, the case is adjourned to be listed in the week commencing third week of January, 2013. (Apares...

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Dec 19 2012

Jagdish Mahto and ors. Vs. State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.40 of 2006 Jagdish Mahto & Ors. Appellants. -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MRS. JUSTICE JAYA ROY ------ For the Appellants : Mr. S.K. Samanta, Advocate. For the State : A.P.P. ------ I.A. No.1771 o10. 19.12.2012: In this I.A., the appellant no.1 namely Jagdish Mahto has prayed for his release on bail during pendency of the appeal. Learned counsel appearing on behalf of the appellant submitted that though the appellant's prayer for bail was earlier rejected, he has remained in custody for more than seven years; there is no likelihood of the appeal being taken up for hearing in near future; the appellant, thus, deserves to be released on bail pending hearing of the appeal; the other co-convicts have been granted bail by this Court on similar ground. Learned A.P.P. opposed the appellant's prayer for bail, but has not disputed the said contentions. Re...

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Dec 19 2012

Dilip Murmu Vs. State of Jharkhand

Court: Jharkhand

Decided on: Dec-19-2012

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.Appeal(DB)No.904of2012 1.DilipMurmu 2.GaynaMarandi Appellants Versus TheStateofJharkhand Respondent CORAM: HONBLEMR.JUSTICED.N.PATEL HON'BLEMR.JUSTICEPRASHANTKUMAR FortheAppellants : Mr.MaheshTewari,Advocate FortheRespondent : A.P .P. 08/Dated:19 th December,2012 PerD.N.Patel,J.:1. PresentappealhasalreadybeenadmittedbythisCourtvideorderdated 7thNovember,2012.RecordsandProceedingsofSessionsCaseNo.03of2008 was called for from the trial court so as to appreciate the argument for suspensionofsentence.2. Records and proceedings of Sessions Case No. 03 of 2008 has been receivedbythisCourt.3. Wehaveheardlearnedcounselforboththesidesandperusedtherecords andproceedingsofSessionsCaseNo.03of2008.Lookingtotheevidenceson record,itappearsthatthereis,primafacie,caseagainstthepresentappellants accused. As the criminal appeal is pending, we are not much analyzing the evidencesonrecord,but,sufficeittosaythat: (i) Theincidenthastakenplaceon25thApril,2007.F.I.R.waslodg...

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Dec 19 2012

Tata Iron and Steel Company Li Vs. Concerned Workman R.N.Singh

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No. 2429 of 2010 M/S Tata Iron and Steel Company Limited, Jamshedpur, through Sri A.K.Verma .. Petitioner Versus The concerned workman R.N.Singh .. Respondent ----- CORAM: HONBLE MR. JUSTICE NARENDRA NATH TIWARI ----- For the Petitioner - Mr. Rajiv Ranjan For the Respondent - Mr. S.K.Sinha ----- 12/19.12.2012 Learned counsel for the respondent-concerned workman prays for two weeks' time to file reply to I. A. No. 2437/2012. Prayer is allowed. Put up this case on 21.1.2013. Till then, no coercive action shall be taken against the petitioner pursuant to the impugned award dated 25.1.2010 rendered in Reference Case No. 10/1998 by learned Labour Court, Jamshedpur. S.K (NARENDRA NATH TIWARI, J)...

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Dec 19 2012

Tarkeshwar Jha Vs. Jharkhand State Electriicty Bo

Court: Jharkhand

Decided on: Dec-19-2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 5543 of 2008 ---- Tarkeshwar Jha ... Petitioner -Versus- JSEB & ors. ... Respondents ---- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH ---- For the Petitioner :Mr. Abhay Mishra For the Respondents :M/s Navin Kumar & Ravi Kumar Singh. ---- 18- 19.12.2012 Heard learned counsel for the parties. The petitioner came before this Court being aggrieved by the letters dated 23rd June,2008 and 19th August,2008 issued by the Director, Personnel, Jharkhand State Electricity Board, whereby his pension was stopped, although no proceedings were initiated under Rule 139 of the Jharkhand Pension Rules or under Rule 43-B . The petitioner has sought a further direction upon the respondents to grant him full pension as only 90% of provisional pension has been sanctioned, which was also stopped with effect from September,2008. According to the petitioner, he was appointed as an Assistant Store Keeper in the Bihar State Electricity Board and worked to the...

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