Jharkhand Court September 2012 Judgments
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Arati Prasad Vs. State of Jharkhand and anr
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 830 of 2009 Arati Prasad ... Petitioner -V e r s u s- The State of Jharkhand & Another Opposite Parties CORAM: - HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mr. Jai Shankar Tripathy, Advocate. For the State : - Mr. Shekhar Sinha, APP. For the Opp. Party No. 2: - Mr. Shailesh, Advocate. 06/14.09.2012 This application has been filed for quashing order dated 14.06.2007 passed in Complaint Case No. 683 of 2007 by Judicial Magistrate, 1st Class, Dhanbad, whereby learned Magistrate took cognizance of the offence under Section 138 of the Negotiable Instrument Act only with respect to Cheque No. 277024 dated 05.03.2007. It appears from the impugned order that petitioner had given notice only with respect to non-payment of amount relating to Cheque No. 277024 dated 05.03.2007. Thus, it appears that the petitioner has only cause of action in relation to the said cheque. Thus, I find no illegality in the order of the court below, ...
Niranjan Kumar Singh Vs. State of Jharkhand and anr
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 621 of 2012 ------ Niranjan Kumar Singh ... ...... Petitioner Versus 1. The State of Jharkhand 2. Smt. Sarita Kumari .... ... .... ... Opp. Parties ------ CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY ------ For the Petitioner : Mrs. Neetu Singh, Advocate For the State : A.P.P. For the Complainant : Mr. Ramawatar Choubey, Advocate ----- 07 /17.09.2012 Heard learned counsel for the parties. Petitioner is accused in a case registered under Sections 498A and 323 of the Indian Penal Code. It reveals from the complaint that the complainant-Smt. Sarita Kumari was subjected to torture and treated with cruelty for want of more dowry and she was driven out from her matrimonial home. It is submitted that after the complainant got employment at Jamtara, she has lodged this case, when the complainant was served with a notice that she had left home without seeking permission from the petitioner. This case has been lodged without filing the F.I.R. Learn...
Atma Prasad Bhagat Alias Atma Bhagat Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2400 of 2012 ------ Atma Prasad Bhagat @ Atma Bhagat ... ...... Petitioner Versus The State of Jharkhand .. .... ... Opp. Party ------ CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY ------ For the Petitioner : Mrs. Nitu Sinha, Advocate For the State : A.P.P. ----- 04 /17.09.2012 Heard learned counsel for the parties. Petitioner is accused in connection with Godda (T) P.S. Case No.165 of 2007 corresponding to G.R. Case No.650 of 2007 registered under Sections 467/468/477A/166/120B/420/409 of the Indian Penal Code, Section 13 (d) of Prevention of Corruption Act and Sections 3/5 of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, which is pending in the Court of learned Chief Judicial Magistrate, Godda. It reveals from the written report that the other accused namely Rajeshwar Jha, Circle Officer-Cum- Block Development Officer, Godda in connivance with the present petitioner, who was posted as Clerk in the office, had misappro...
Hari Bansh Lal Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI ----- L.P.A. No. 330 of 2012 ----- Hari Bansh Lal .... Appellant Versus The State of Jharkhand & Ors. .... Respondents ----- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY For the Appellant : Mr. Pandey Niraj Rai, Advocate For the Respondents : ---- ----- Order No.02 Dated 17th September, 2012 Heard learned counsel for the parties. Though the petitioner's application for earlier hearing has been allowed and the date has been fixed for final hearing as 13th December, 2012, but in view of the fact stated by the learned counsel for the petitioner-appellant, we are of the view that the petitioner-appellant yet has option to move an appropriate application before learned Single Judge for hearing the matter in the category of senior citizen, upon which learned Single Judge may consider the prayer of the petitioner-appellant. This L.P.A. is disposed of with the above observation. (Prakash Tatia, C. J.) (Jaya Roy , J.) SI/Anit...
Md NizamuddIn Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2012
INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.2380of2012 Md.Nizamuddin@NizamuddinAnsari. ... ... ...Petitioner Versus The State of Jharkhand. ... ... ... ... ... ...Opp. Party CORAM: THEHONBLEMR.JUSTICED.N.UPADHYAY. ForthePetitioner: Mrs.SmitaMitra,Advocate. FortheState: A.P .P. 03/17.09.2012 ItrevealsfromthewrittenreportthatoneAdityaPrasadhadtaken loanofRs.12.50/lakhandhehasfurnishedcertainTitleDeedwithrespectto theproperty.Thepetitionerstoodguarantoragainsttheloanadvancedinfavour ofsaidAdityaPrasad.Incourseofverificationthedocumentfurnishedbythe accusedpersonswerefoundforged. Itissubmittedthatthepetitionerwassimplyaguarantorandhe hadnotfurnishedforgeddocumentfortheguarantee. CounselfortheStatehasopposedtheprayerbutconcedesthatin thecasediaryitisnotindicatedwhetherfurnishingofsaidforgedTitleDeedwas knowntothepetitioneratthetimehestoodguarantor. Intheaforesaidfactsandcircumstancesofthecase,thepetitioner isdirectedtosurrenderbeforethecourtbelowwithinthreeweeksfromtoday andifhedoessoheshall...
Ramlal Mahto Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2235 o1. Sudha Devi 2. Asha Devi 3. Sulanti Devi .... Petitioners Versus The State of Jharkhand Opposite Party --- CORAM : HONBLE MR. JUSTICE D. N. UPADHYAY --- For the Petitioners : Mr. P. K. Nayak For the State : A. P. P. --- 5. 17.09.2012: The petitioners are accused in a case registered under Sections 406, 420, 467, 468, 471 and 34 I.P.C. It reveals that the petitioners were running Mess under "Chief Minister's Dal Bhat Yojna". On subsidized rate, rice, pulse and wheat were supplied to the petitioners, but they misused it and did not serve the meal to different persons and the register maintained to be signed by the beneficiaries was found irregular. It is submitted that the petitioners who are ladies were not in a position to enforce the customers to sign on the relevant register and this was the irregularity for which this case has been instituted. Learned counsel, appearing for the State, has opposed the prayer. Considering the...
Mritunjay Kumar Singh Vs. the State of Jharkhand and anr
Court: Jharkhand
Decided on: Sep-17-2012
INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.2464of2012 MritunjayKumarSingh. ... ... ... ... ... ...Petitioner Versus 1. TheStateofJharkhand.2. AmritNarainSingh. ... ... ... ... ... ...Opp.Parties CORAM: THEHONBLEMR.JUSTICED.N.UPADHYAY. ForthePetitioner: Mr.KailashPrasadDeo,Advocate. Mr.GirishMohanSingh,Advocate. Mr.AshishKumar,Advocate. FortheState: A.P .P. 03/17.09.2012 Itrevealsfromthecomplaintthatpetitionerhadtakenloanfrom thefatherofthecomplainantintheyear2002andtorefundthesaidamounthe hadissuedcertaincheques,whichstooddishonoured.Againstdishonourofthose cheques, complaint case was filed by the complainant side. To rebut the allegation,thepetitioneralsofiledacomplaintcaseandthosecomplaintcases endedincompromisewithcertainconditions.Whenthoseconditionswerenot fulfilled,thiscasehasbeenlodgedandthepoliceafterinvestigationsubmitted finalformandthenprotestpetitionwasfiled,whichwasdismissedunderSection 203 Cr.P.C. and thereafter revision was preferred where the complainant succeededandcog...
Etwa Oraown Alias Atwa Uraown Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5892 of 2012 ------ Etwa Oraown @ Atwa Uraown . Petitioner -Versus- The State of Jharkhand & Anr. ..... Opposite Parties ------ CORAM : THE HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioner : Mr.Din Dayal Saha, Advocate. For the State : A.P.P. ------ 3/ 17.09.2012 Heard learned counsel for the petitioner as also learned counsel for the State. No one appears for the complainant even though notice has been served upon him. The petitioner has been made accused in P.C.R Case No.319 of 2012 for the offence under Sections 420, 468, 471 / 34 of the Indian Penal Code. There is allegation against the petitioner to have forged the sale deed in his favour with respect to the land of the complainant. The complaint petition itself shows that there was a proceeding under Section 144 Cr.P.C., between the parties for the possession of the land, in question. In the facts of this case, I am inclined to release the petitioner on bail. Accordingly, the...
Rakesh Chakraborty Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No.5248 of 2012 ------ Rakesh Chakraborty . Petitioner -Versus- The State of Jharkhand ..... Opposite Party ------ CORAM : THE HONBLE MR. JUSTICE H.C.MISHRA ------ For the Petitioner : Mr.Md.Sajid Yunus, Advocate. For the State : A.P.P. ------ 6/ 17.09.2012 Heard learned counsel for the petitioner as also learned counsel for the State. The petitioner has been made accused in Mandu (West Bokaro) P.S. Case No. 85 of 2011 corresponding to G.R No. 1313 of 2011, S.T No.526 of 2011 for the offence under Sections 302 and 201 of the I.P.C. There is direct allegation against the petitioner to have assaulted his own brother by Garasa, causing his death. The bail application of this petitioner was earlier rejected by order dated 16.11.2011 in B.A No. 7323 of 2011. Learned counsel for the petitioner has renewed the prayer for bail. In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the pet...
Ram Bilash Singh ? R.B.Singh Vs. Management of M/S Tata Iron an
Court: Jharkhand
Decided on: Sep-17-2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P (L) No. 2621 of 2012 Ram Bilash Singh @ R. B. Singh .. Petitioner Versus The Management of M/S Tata Iron and Steel Company Limited, Jamshedpur, East Singhbhum .. Respondent ----- CORAM: HONBLE MR. JUSTICE NARENDRA NATH TIWARI ----- For the Petitioner - Mr. S.K.Ughal For the Respondent - Mr. G.M.Misra ----- 4/17.9.2012 In this writ petition, the petitioner has prayed for quashing the award dated 9.11.2009 rendered by learned Labour Court, Jamshedpur in Reference Case No. 03/2002 whereby learned Labour Court has answered the reference in negative and against the concerned workman. The said award has been challenged on the ground that learned Court below has answered the reference in negative without considering the certificate of the District Education Officer and that the impugned award is vitiated on account of non- consideration of an important piece of evidence adduced by the petitioner. Learned counsel appearing on behalf of the responde...
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