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Jharkhand Court March 2013 Judgments

Mar 06 2013

Azad Mian Alias Ansari and ors Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 304 of 2013 Ajay Pradhan .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. K.P.Deo For the opposite party : Addl.P.P. 06.03.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioner in connection with PCR case No. 187 of 2012 for the offence registered under sections 420/406/409/323/427/379/34 of the Indian Penal Code and section 27 of the Arms Act. It reveals that Shankar Paswan, accused no.1 in the complaint, had taken an amount of 3,35,000/- from the complainant on the promise that he would repay the said sum within six months. When the complainant started chasing for refund of the amount paid by him, Shankar Paswan along with this petitioner came on a Scorpio vehicle and threatened the complainant. At the relevant time, the petitioner was havi...

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Mar 06 2013

Md. Shahid Ahmad Vs. Dr Mustapha and ors

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 855 of 2012 Md. Shahid Ahmad Petitioner -V e r s u s- Dr. Mustapha and Ors. Respondents CORAM: - HONBLE MR. JUSTICE APARESH KUMAR SINGH. For the Petitioners : - M/s Alok Lal, Advocate For the Respondents :- JC to SC(L&C) 08/06.03.2013 In order to comply the order dated 23.01.2013 for taking steps for service of notice upon the respondent nos. 1A, 1F, and 1G, the petitioner is allowed further two weeks' time failing which this application, as against the concerned respondents, shall stand rejected without further reference to a Bench. (Aparesh Kumar Singh, J.) Kamlesh/...

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Mar 06 2013

Aslam Khan Vs. State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1224 of 2013 Aslam Khan ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Rajan Sahay, Advocate For the State : A.P.P. ------ 2/ 06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offence under Section 392 of the Indian Penal Code, in connection with Sikidiri P.S. Case No. 28 of 2012 corresponding to G.R. No. 4339 of 2012. The case relates to robbery. In the facts of this case, I am inclined to enlarge the petitioner, Aslam Khan, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri Rajesh Sinha, learned Judicial Magistrate, Ranchi, or his successor, in connection with Sikidiri P.S. Case No. 28 of 201...

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Mar 06 2013

Anand Mehta and ors Vs. Rewal Mehta and ors

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND,RANCHI. W.P(C)No. 1072 of 2013 Anand Mehta & Ors .............................................. Petitioners Versus Rewal Mehta and Ors. . . ...............................Respondents For the Petitioners : Mr. M.S.Anwar Sr. Advocate Mr.Afaque Ahmed For the Respondents :-x x x x CORAM :- HONBLE MR. JUSTICE P.P.BHATT . . Order No. 2 Dated 6th March,2013 The petitioners by way of filing this petition under Article 227 of the Constitution of India have prayed for quashing the order dated 10.1.2013 passed in Title Suit No. 11 of 2011 by the learned Civil Judge(Junior Division) II, Munsif, Koderma whereby the learned court below has held that there is no provision under the procedure law to expunge the evidence of the witness in such a situation and accordingly, objection rejoinder filed on behalf of the defendants/ petitioners has been rejected. Heard the learned counsel appearing for the petitioners and perused the impugned order and other materials placed on ...

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Mar 06 2013

Deba Mahto Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.M.P.No.392of2013 DebaMahto Petitioner Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioner :Mr.DilipKr.Jaiswal,Advocate FortheState :A.P .P. 02/06.03.2013 ThisCr.M.P.hasbeenfiledtorestoreA.B.A.No.2916of2012whichhas beendismissedfornonprosecution. IamnotsatisfiedwiththegroundstakeninthisCr.M.P.forrestorationof theA.B.A.Accordingly,thisCr.M.P.standsdismissed. However,thepetitionershallbeatlibertytofilefreshbailapplicationfor whichthereisnobar. (D.N.Upadhyay,J.) NKC...

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Mar 06 2013

Ashok Kumar Gahlot Alias Ashok Kr Gahlot Alias Ashok Gahlot Vs. State ...

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2807 of 2012 Ashok Kumar Gahlot @ Ashok Kr. Gahlot @ Ashok Gahlot . Petitioner Versus 1. State of Jharkhand 2. Kapildeo Singh Opp. Parties ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. A.K. Das Advocate For the State : APP For the O.P. No.2 : Mr. I. Sinha, Advocate ----- 06/06.03.2013: Heard learned counsel appearing for the petitioner, State and learned counsel appearing for the Opp. Party No.2. This application has been filed for quashing of the First Information Report of Bariyatu P.S. Case No.243 of 2012 (G.R. Case No.5629 of 2012) instituted under Sections 420, 406 of the Indian Penal Code. Before coming to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of. It is the case of the informant that the petitioner did approach him and represented that he is ready to construct the flats over his land bearing M.S. Plot No.46, Khata No.170, Sub Plot No...

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Mar 06 2013

Nitya Nand Mishra Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 806 of 2006 Nitya Nand Mishra ...Petitioner -Versus- The State of Jharkhand & others ..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : M/s. J.P. Jha, Sr. Adv. Aishwarya Prakash and Ashish Thakur, Advs. For the Respondents : J.C. to G.A. -- 03/6.3.2013 Heardlearnedcounselfortheparties. Thepetitionerhadcomebeforethiscourtseekingadirection totherespondentstopaythepostretirementduesandthebenefits accruingoutoftheAssuredCareerProgressionSchemesincehehad retired from his active service from 30th June, 2003 from the Respondents,MinorIrrigationDepartment,Chaibasa. The affidavit filed on behalf of the respondent no. 4, ExecutiveEngineer,MinorIrrigationDivision,Chaibasa,statesthat thepetitionerhasalreadybeengranted2ndA.C.P.videletterno.729 dated20thJune,2006andassuchhispayfixationhasalreadybeen doneinthescaleofRs.10,00015,200/.However,ithasbeenstated thattheservicebookwassubmittedtothedepartmentforapp...

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Mar 06 2013

Shyam Nandan Singh Vs. the State of Jharkhand and ors

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (C) No. 504 of 2013 Shyam Nandan Singh Petitioner -V e r s u s- The State of Jharkhand & Others Respondents. CORAM: - HONBLE MR. JUSTICE P.P. BHATT. For the Petitioner : - Mr. Mohan Kr. Dubey, Advocate. For the Respondent-State : - S.C. (L&C). 05/06.03.2013 The petitioner by way of the present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ/order directing the respondents-authorities to accept the execution of the deed of transfer and to register the transferred deed executed by the petitioner. It is further prayed that appropriate direction be issued upon the respondents-authorities to accept the execution of the deed without no objection certificate from the Circle Officer.2. Heard the learned counsel for the petitioner as well as the Respondent-State Government.3. Perused the materials placed on record.4. The learned counsel for the petitioner in support of his submissions has refer...

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Mar 06 2013

Md Kaisar Mansoori Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1188 of 2013 Md. Kaisar Mansoori ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Md. Zaid Ahmed, Advocate For the State : A.P.P. ------ 2/ 06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 413, 414 and 34 of the Indian Penal Code, in connection with Govindpur (Barwadda) P.S. Case No. 383 of 2012 corresponding to G.R. No. 3462 of 2012. One truck loaded with illegal coal was recovered. The petitioner is alleged to be driver of the truck and he was not apprehended at the spot. In the facts of this case, I am inclined to enlarge the petitioner, Md. Kaisar Mansoori, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like...

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Mar 06 2013

Yogendra Prasad Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI A.B.A.No.358of2013 1.Smt.SwatiDevi@SarswatiDevi 2.SriUmeshKumar Petitioners Versus TheStateofJharkhand OppositeParty CORAM: HONBLEMR.JUSTICED.N.UPADHYAY ForthePetitioners :Mr.KrishnaMurari,Advocate FortheComplainant :Mr.SanjeevThakur,Advocate FortheState :A.P .P. 02/06.03.2013 Heardlearnedcounselfortheparties. ThepetitionersareaccusedinacaseregisteredunderSections341,323, 498A and 504 of the Indian Penal Code and Section 3/4 of the Dowry ProhibitionAct. Itrevealsthatpetitionershavebeenprosecutedforcausingtortureand treatingtheinformantwithcrueltyforwantofacar.Shewastreatedasmaid servantinthefamilyandcompelledtodoalldomesticwork. Itissubmittedthatcomplainantherself,inthematrimonialsuitNo.70of 2011filedbyherhusband,hasadmittedinherwrittensubmissionsinpara3 thatsince2008shehasbeenlivingwithherfatheratBokaro. Furthermore, thesepetitionershavenoconcerneitherwithanydemandortorturemetedout tothecomplainant,ifany. Learnedcounselappearingforthecomplainanthasveh...

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