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Jharkhand Court April 2013 Judgments

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Apr 15 2013

Jodhan Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.271 of 2013 Jodhan Yadav @ Jodhan Gope ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Deepak Kumar For the State : A. P.P. ----- 5/15.4.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Section 302/201/34 of the Indian Penal Code in connection with Katkamsandi P.S. Case No.17 of 2005, corresponding to G.R. No.226 of 2005. From the FIR, it appears that father of the informant died on 28.7.2000 and the informant was informed by the petitioner and the other co-accused, who were accompanying the father of the Informant, that his father had died due to fall in well. The dead body of the deceased was also recovered from the well. Subsequently, the FIR was lodged on 13.1.2005 about the same occurrence stating that informant was informed that in the post mortem report, some injuries...


Apr 15 2013

Bablu Paul Alias Nitai Krishna Paul Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 91 of 2013 Bablu Paul @ Nitai Krishna Paul Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. S.L. Agarwal, Advocate For the State : A.P.P. ----- 2/15.04.2013 Heard the parties. This application is directed against the order dated 7.7.2012 passed in Chakulia P.S. Case No. 62 of 2006 (G.R. No. 457 of 2006), whereby and whereunder bail bond of the petitioner was cancelled and the warrant of arrest has been ordered to be issued against him. Mr. S.L. Agarwal, learned counsel appearing for the petitioner, by referring to different orders, annexed with this application, stated that on 7.4.2011 the petitioner had filed an application under Section 317 Cr.P.C. which was accepted and the matter was posted for other day. Meanwhile, the Presiding Officer was transfered. Since the Presiding Officer did not join, similar order with respect to transfer of the Presiding O...


Apr 15 2013

Jai Shankar Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 86 of 2013 Jai Shankar . Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr Jai Prakash, Sr. Advocate For the State : APP ----- 02/15.04.2013: Let the informant be impleaded as Opp. Party No.2 On impleadment, let notice be issued to the newly added Opp. Party No.2, on filing requisite etc. under registered cover with A.D by Friday. Let this matter be listed on appearance of the Opp. Party No.2. Till then, further proceeding of Jogta P.S. Case No.48 of 2012 (G.R. No.1676 of 2012) pending in the court of learned Judicial Magistrate, Dhanbad shall remain stayed. (R.R. Prasad, J.) Ravi/...


Apr 15 2013

Dileshwar Yadav Alias Dileshwar Prasad Yadav Vs. the State of Jharkhan ...

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2175 of 2013 Dileshwar Yadav @ Dileshwar Prasad Yadav .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. A.K. Chaturvedy For the opposite party : Addl.P.P. 15.04.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Chatarpur case No. 132 of 2012 for the offence registered under sections 387/34 of the Indian Penal Code. It reveals that the informant received a call on his Mobile from Mobile No. 9835632725 and the caller demanded rupees thirty thousand as rangdari disclosing his identity as a member of MCC. Petitioner was arrested in connection with another case and during interrogation, he confessed his guilty that he had made call to the informant for demanding rupees thirty thousand as rangdari. It is submitted that this case has been lodged after arrest of the petitioner in conne...


Apr 15 2013

Victor Soy and ors Vs. State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI CriminalAppeal(D.B.)No.34of2013 1.VictorSoy 2.JohanDodrai 3.John@JohanSoy ... Appellants Versus TheStateofJharkhand ... ... ... Opp.Party CORAM: HONBLEMR.JUSTICED.N.PATEL HONBLEMR.JUSTICESHREECHANDRASHEKHAR FortheAppellants :Mr.BasantKr.Pandey,Advocate FortheState :Mr.PankajKumar,A.P.P. th 04/Dated:15 April,2013 PerD.N.Patel,J.1. Thiscriminalappealhasalreadybeenadmittedbyorderdated 26th February, 2013 and the records and proceedings of Sessions TrialNo.628of2009wascalledforfromthetrialcourtsoasto appreciatetheargumentsforsuspensionofsentence.2. This Court has received the records and proceedings of the Sessions Trial No. 628 of 2009. We have perused the same and heard the counsel for both the sides at length for suspension of sentenceunderSection389oftheCr.P.C.3. Havingheardthecounselforboththesidesandlookingtothe evidencesonrecord,thereisaprimafaciecaseinfavourofthese appellants.LookingtotheevidencesgivenbyP.Ws.1,2,3and4,no specificrolehasbeenassigned...


Apr 15 2013

Ranjit Kumar Sinha and anr Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4586 of 2012 Laxmi Sao ... ... Petitioner -V e r s u s - The State of Jharkhand ... ... Opposite Party CORAM: - HONBLE MR. JUSTICE D. N. UPADHYAY For the Petitioner : Mr. Yogesh Modi, Advocate. For the State: : APP. 06/15.04.2013 Heard the parties. The petitioner is accused in connection with Excise Case No. 124/2012 for the offence under Section 47-A of Excise Act, pending in the Court of Sri A.K. Dubey, learned Judicial Magistrate, 1st Class, Giridih. It reveals that 450 Kgs of jawa mahua and 180 liters of country made liquor and equipments for manufacturing the liquor have been found at the place of occurrence, which was raided by the excise officials. It is submitted that the petitioner is not concerned with the place of seizure. The place of occurrence has not been described in the offence report. It is not possible for a man, aged about 64 years to flee away after seeing the police party. Learned counsel for the State has oppose...


Apr 15 2013

Anita Devi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 4459 of 2012. ----- Anita Devi Petitioner. Versus The State of Jharkhand Opposite Party. . ..... Coram : The Hon'ble Mr. Justice Prashant Kumar. ----- For the Petitioner : Sri. S.K.Soni For the State : Sri.S.S.Sahay, A.P.P. ----- 06/15.04.2013. Anticipatory bail application filed by Anita Devi is moved by Sri. S.K.Soni , learned counsel for the petitioner and opposed by Sri. S.S.Sahay , Addl P.P. for the State. Petitioner is mother of Soni Kumari. It is alleged that complainant married with Soni Kumari. However, it appears that marriage of complainant and Soni Kumari had been declared void by Principal Judge, Family Court, Buxar vide order dated 25.4.2012 in Matrimonial Case no. 95/2009. It is alleged that the petitioner assaulted complainant with fist and slap. Considering the aforesaid fact and circumstance, I allow this application and direct the petitioner, named above, to surrender in the court below by 26/04/2013 . If petitioner ...


Apr 15 2013

Matukdhari Singh and ors Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 156 o1. Matukdhari Singh 2.Anita Devi 3.Sumit Singh 4.Sunita Kumari @ Nita Singh 5.Sunaina Kumari Petitioners Versus The State of Jharkhand and another Opp. Parties ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioners : Mr. D.K. Dubey, Advocate For the State : A.P.P. ----- 2/15.04.2013 Issue notice under registered post with acknowledgment due to the opposite party no. 2 to show cause as to why this application be not admitted and/or if possible be disposed of at the stage of admission itself. Requisites etc. must be filed by Friday. Let this case be listed under the same heading on appearance of opposite party no. 2 or on receipt of the service report. Until further orders, no coercive action shall be taken against the petitioners namely, Matukdhari Singh, Anita Devi, Sumit Singh, Sunita Kumari @ Nita Singh, Sunaina Kumari, in connection with Complaint Case No. 1438 of 2010 pending in the court of Judicial Magistr...


Apr 15 2013

Krishna Sao Alias Krishna Prasad Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4103 of 2012 Krishna Sao @ Krishna Prasad ... Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR. For the Petitioner : - Mr. A.K. Sahani, Advocate For the State : - Mr. Shekhar Sinha, A.P.P. 07/15.04.2013 Put up this case in the next week with a view to give last chance to the concerned officer of the Forest Department for filing counter affidavit. It is made clear that if the counter affidavit will not be filed by the next date then action will be taken against him. ( Prashant Kumar, J.) sunil/...


Apr 15 2013

Naresh Kumar Besra Vs. Human Resource Development

Court: Jharkhand

Decided on: Apr-15-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5965 of 2012 Naresh Kumar Besra .......... Petitioner Versus State of Jharkhand & Ors. ........ Respondents .............. CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI .............. For the Petitioner : Mr. Subodh Kr. Pandey, Advocate For the State : J.C. to G.P.III ............ 5/15.04.2013: Learned counsel for the petitioner submitted that the petitioner's father, who was a teacher, died in harness. After his death, the petitioner should have been appointed as a Teacher in the same School on untrained scale, as provided by the policy decision. In similar case, one Smt. Bibha Kumari, who was appointed as Class-III post, was later on given the post of Teacher. Similar prayer made by the petitioner has been refused without assigning any reason for such discrimination. Learned J.C. to G.P.III, appearing on behalf of the respondents, prays for two weeks' time to file counter affidavit to that regard. Prayer is allowed. Put up this c...


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