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Jharkhand Court March 2013 Judgments

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Mar 06 2013

Md Rizwan Ahmed Alias Rizwan Ahmad and ors Vs. the State of Jharkhand ...

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 1520 o1. Md. Rizwan Ahmed @ Rizwan Ahmad 2. Md. Irfan 3. Md. Moinuddin @ Moinuddin 4. Razia Khatoon ..... Petitioner(s) Versus 1.The State of Jharkhand 2. Md. Shahbaz Khan . Opp. Party(s) CORAM : HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. R. S. Mazumdar, Sr. Advocate. For the State : Mr. Arun Kumar Pandey, A.P.P. For the O.P. No.2 : Mr. Ishtiyaque Ahmed, Advocate. ----- 03 /06.03.2013. Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party No.2 and learned counsel appearing for the State. The order dated 24.04.2012, passed in Complaint Case No.201 of 2011, whereby and whereunder, the then learned Chief Judicial Magistrate, Hazaribagh, took cognizance of the offences punishable under Sections 420, 503 and 506 of the Indian Penal Code and also under Section 3 of he Dowry Prohibition Act, was challenged to be bad as the allegations made do not constitute offences under w...


Mar 06 2013

Mahadev Gope and ors Vs. State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

1 INTHEHIGHCOURTOFJHARKHANDATRANCHI I.A.No.1105of2013 In Cr.Appeal(DB)No.1088of2012 MahadevGope&Ors. ... Appellants Versus TheStateofJharkhand ... ... ... Respondent CORAM: HONBLEMR.JUSTICED.N.PATEL HONBLEMR.JUSTICESHREECHANDRASHEKHAR FortheAppellants :Mr.A.K.Sahani,Advocate FortheRespondent :Mr.R.Mukhopadhyay,S.C.II Mr.T.N.Verma,A.P.P. 07/Dated:6March,2013 th PerD.N.Patel,J.1. ThisInterlocutoryApplicationhasbeenpreferredforcondonationof delayof3430daysinpreferringthecriminalappealfromCentralJail, Hazaribagh. This applicant (original applicant) was in jail since last severalyearsandithasbeenstatedintheinterlocutoryapplicationthat becauseofthepooreconomiccondition,hewasnotinapositiontoprefer appeal.2. Onanearlierdateofhearingi.e.on04.03.2013,adetailedorder waspassedbythisCourt,callingalltheSuperintendentsoftheCentral JailsintheStateofJharkhand.TherearefiveCentralJailsintheStateof Jharkhand,namely, (I) BirsaMundaCentralJail,Hotwar,Ranchi; (ii) CentralJail,Palamau; (iii) CentralJail,Dumka...


Mar 06 2013

Vishal Kumar Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Mar-06-2013

the State has any intention to promote the cooperative movement in the State of Jharkhand. List this matter on 8.04.2013. A copy of this order be given to learned counsel for the State. (Prakash Tatia,C.J.) (Jaya Roy, J.) Sudhir IN THE HIGH COURT OF JHARKHAND AT RANCHI T.A. No. 37 of 2010 with I.A. No.466 of 2013 Tata Steel Limited ...... Appellant Vrs. Commissioner of Central Excise & another ...... Respondents ------ CORAM: HONBLE THE CHIEF JUSTICE HONBLE MRS. JUSTICE JAYA ROY ------ For the Appellant: M/s D.V. Pathy For the Respondents: Mr. Ratnesh Kumar, Adv. ------ Order No.10 Dated 06th March, 2013. Heard learned counsel for the parties. Admit. List this matter for hearing at its own turn. However, no ground is made out for interim relief and, therefore, interim prayer is rejected. I.A. No. 466 of 2013 is dismissed. (Prakash Tatia,C.J.) (Jaya Roy, J.) Sudhir IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(T) No. 1366 of 2013 Tata Hitachi Construction Machinery Company Limited ... P...


Mar 06 2013

Bikram Mandal and anr Vs. State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 321 of 2013 Bikram Mandal and Damodar Mandal .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. A.K.Choudhary For the opposite party : Addl.P.P. 06.03.2013 At the out set, it is submitted that petitioner no.1 Bikram Mandal has been arrested and therefore prayer for anticipatory bail made on his behalf has become infructuous. In view of the above submission, this application for anticipatory bail on behalf of petitioner no.1 is dismissed as infructuous. It reveals from FIR that a stolen motor cycle bearing registration no JH 1.T 282.was seized from a half built house situated just at the back of the house of the present petitioner. Seeing the police party, the petitioner fled away. No document against possession of said motor cycle was produced. It is submitted that the petitioner has no concern with the seized motor cycle, or the house from where it was s...


Mar 06 2013

Jagdish Mahto Vs. Bimla Devi

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6211 of 2012 Jagdish Mahto & another ...Petitioners Versus Mathura Mahto Respondent -------- Coram: THE HONBLE MR JUSTICE P.P. BHATT -------- For the Petitioners : M/s. Ananda Sen & Nagmani Tiwari, Advocates /6.3.2013: Learned counsel appearing for the petitioners seeks permission to withdraw this writ petition with a view to file appropriate application before the competent court. Permission, as sought for, is hereby granted. Accordingly, this writ petition stands disposed of as withdrawn. As and when such application is moved by the petitioners, the same shall be decided by the competent court in accordance with law. . (P.P. Bhatt, J.) S.B....


Mar 06 2013

Raj Kishor Mahato Alias B K Mahato Alias Braz Kishore Mahato Vs. the S ...

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 1291 of 2013 Raj Kishor Mahato @ B.K. Mahato @ Braz Kishore Mahato ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. R.C. P. Sah, Advocate For the State : A.P.P. ------ 3/ 06.03.2013 It is submitted by learned counsel for the petitioner that in order dated 20.2.2013, G.R. number has wrongly been mentioned as 'G.R. No. 511 of 2011(S)', whereas, it should have been 'G.R. No. 551 of 2011(S)'. In view of the submission of learned counsel, order dated 20.2.2013 is modified to the extent that G.R. number in the said order be read as 'G.R. No. 551 of 2011(S)'. Let the certified copy of order dated 20.2.2013 be always issued along with this order and this order be communicated to the Court concerned through FAX. ( H. C. Mishra, J.) R.Kr....


Mar 06 2013

Manoj Prasad Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1019 of 2013 Manoj Prasad ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Mohit Prakash For the State :A. P.P. ----- 04/06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 366A, 120B/34 of the Indian Penal Code, in connection with Gumla P.S. Case No. 55 of 2012, corresponding to G.R. No. 192 of 2012. There is allegation against the petitioner to have kidnapped the minor daughter of the informant. The statement of the victim girl has been recorded under section 164 of the Cr.P.C., wherein, she has disclosed her age to be 16 years and she has stated that she is in love with the petitioner, she has married the petitioner and she wants to live with the petitioner. She was also stated that she was not kidnapped by the petitioner. In the facts and circumstances o...


Mar 06 2013

Asif Eqbal Alias Gulzar Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 302 of 2013 Asif Eqbal @ Gulzar .... Petitioner(s) Versus State of Jharkhand & another ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. For the opposite party : Addl.P.P. 06.03.2013 After seeking consent from both sides, the petitioner as well as the complainant are directed to appear before the Mediator/Conciliator, JHALSA at Ranchi, on 12. 03. 2013. The Mediator/Conciliator shall make all efforts to settle the matter between the parties and thereafter send the result of conciliation to this Court. Put up this case under the same heading after receipt of the aforesaid report. Till the next date, petitioner shall not be arrested in connection with Complaint case No. 360 of 2012 pending in the court of learned Judicial Magistrate, Ranchi. Ambastha/- ( D.N.Upadhyay,J.)...


Mar 06 2013

Md Sadik Alias Bhaiya Jee Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 995 of 2013 Md. Sadik @ Bhaiya Jee ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H. C. MISHRA For the Petitioner :Mr. Mahadeo Thakur For the State :A. P.P. ----- 02/06.03.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. Petitioner has been made accused for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)(a)/26/35 of the Arms Act and Section 17 C.L.A. Act, in connection with Mandu P.S. Case No. 52 of 2012, corresponding to G.R. No. 592 of 2012. Though, the petitioner is named in the F.I.R., but it is apparent from the F.I.R. itself that the petitioner was not apprehended at the spot, rather he had managed to flee away. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Md. Sadik @ Bhaiya Jee is directed to be released on bail, on furnishing bail bond of Rs....


Mar 06 2013

M/S Bansal Industrial Gases (B Vs. Jharkhand State Electricity Bo

Court: Jharkhand

Decided on: Mar-06-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C). No.4467 of 2010 M/s Bansal Industrial Gases( Bihar) Limited ..... Petitioner Versus Jharkhand State Electricity Board & Ors. ........ Respondents with W.P.(C). No.5072 of 2003 Jalan Carbonds & Chemicals Ltd. ..... Petitioner Versus Jharkhand State Electricity Board & Ors. ........ Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. D. Poddar For the Board : M/s Ajit Kumar & Saket Upadhayay I.A. Nos. 3210 of 2011 and 3655 of 2012 in W.P.C. No. 4467 o04. 06.03.2013 During the pendency of the writ petition the final bill raised by the respondent- Board has been challenged through I.A. No. 3120 of 2011 and subsequently the notice issued under the certificate proceeding for realization of the said due has been challenged in I.A. No. 3655 of 2012. For the reasons stated in the I.A.s, prayer made in the instant interlocutory applications are allowed to be incorporated in the main writ application. Coun...


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