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Jharkhand Court August 2013 Judgments

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Aug 22 2013

Jai Prakash Prasad Vs. State of Jharkhand Through Vigilance

Court: Jharkhand

Decided on: Aug-22-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 232 of 2013 Jai Prakash Prasad .... .... Petitioner Vs. State of Jharkhand through Vigilance .... .... Opposite Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. Vaibhav Kumar, Advocate For the Vigilance : Mr. Shailesh, Advocate ----- 10/22.08.2013 Learned counsel for the petitioner submits that on the allegation that this petitioner and other Engineers had been given money in advance for execution of certain works under certain projects but those accused persons did not execute the work as a result of which, they misappropriated a sum of Rs.12,47,85,850/-, one Chatra Sadar P.S case no.134 of 2009 was lodged under Section 409/34 of the Indian Penal Code. Subsequently on the same allegation against the same accused persons and with respect to the same amount, another case has been registered by the Vigilance as Vigilance P.S Case No.66 of 2010 under Sections 409, 420, 120B, 406, 504, 506, 467, 468, 469...


Aug 22 2013

Khagendra Kumar Vs. State of Jharkhand Through Vigilance

Court: Jharkhand

Decided on: Aug-22-2013

In the High Court of Jharkhand at Ranchi Cr.Rev.No.839 of 2012 Khagendra Kumar .....Petitioner VERSUS State of Jharkhand through Vigilance. Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner : Mr.Anil Kumar Sinha, Sr. Advocate For the Vigilance : Mr.Shailesh, Advocate 7/ 22.8.13. This revision application is directed against the order dated 5.9.2012 passed by Special Judge, Vigilance, Ranchi in Special Case no.85 of 2010 (arising out of Vigilance case no.68 of 2010) whereby and whereunder prayer made by the petitioner for his discharge from the case was rejected. It appears that in compliance of the order passed by this Court in W.P(PIL) No.1530 of 2009, a preliminary enquiry was conducted by the Vigilance Department wherein it was found that in spite of Junior Engineers of Building Division being available, Assistant Teachers, who were having diploma/degree were deputed to supervise and to construct building of primary schools and other schools situated in differen...


Aug 22 2013

Jharkhand State Pollution Control Board Through Its Member Secretary a ...

Court: Jharkhand

Decided on: Aug-22-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI L.P.A.No.167of2013 with I.A.No.3977of2013 JharkhandStatePollutionControlBoard, Ranchi&others Appellants Versus M/s.BharatCokingCoalLimited, Dhanbad&others Respondents CORAM:HON'BLETHEACTINGCHIEFJUSTICE :HON'BLEMR.JUSTICESHREECHANDRASHEKHAR FortheAppellants :Mr.PrabhashKumar,Advocate FortheRespondents :J.C.toA.G. nd 06/Dated:22 August,2013 PerD.N.Patel,A.C.J.I.A.No.3977of2013:1. This interlocutory application has been preferred under Section5oftheLimitationActforcondonationofdelayofadayin filingthisL.P.A.2. Having heard the learned counsel for both the sides and looking to the facts and reasons stated in this I. A., there are reasonablereasonsforcondonationofdelay.3. We,therefore,condonethedelayinpreferringtheappeal.4. I.A.No.3977of2013is,therefore,allowedanddisposedof. L.P.A.No.167of2013:1. Presentappealhasbeenpreferredagainsttheinterimorder dated10th April2013passedbythelearnedSingleJudgeinI.A. No.505of2013inW.P.(C)No.4944of2011.2. Bytheaforesaidimpug...


Aug 21 2013

Ramesh Kumar Agrawal Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.50 of 2009 Ramesh Kumar Agrawal..................Petitioner VERSUS State of Jharkhand .............Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr.Shailesh 2/ 21.8.13. Learned counsel appearing for the petitioner seeks permission to withdraw this application. Permission is accorded. This application is dismissed as withdrawn. (R.R.Prasad, J.) ND/...


Aug 21 2013

Binod Kumar Sao Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6837 of 2013 Binod Kumar Sao ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Chandra S. Prasad, Advocate For the State : A.P.P. -------- 2/ 21.08.2013 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 33 and 63 of the Indian Forest Act, in connection with G. Case No. 215 of 2013. The petitioner was apprehended while extracting stones from a forest area. In the facts of this case, I am inclined to enlarge the petitioner, Binod Kumar Sao, 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 Smt. Sweta Kumari, learned Judicial Magistrate 1st Class, Hazaribag, or her successor, in connection ...


Aug 21 2013

Shankar Mahto Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND RANCHI B.A. No. 6742 of 2013 Shankar Mahto ... ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Anjani Kumar Singh For the State : Mr. Manoj Kumar No.-3, A.P.P. ........ 3/21.08.2013 Call for the status report of trial and explanation from the court below as to why the case has not been concluded within six months from 07.12.2012 and put up this case after receipt of the same. (Prashant Kumar, J.) Binit...


Aug 21 2013

Radha Kant Upadhayay Vs. Bharat Coking Coal Limited Through Its Chairm ...

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCH W. P. ( S) No. 623 of 2013 Radha Kant Upadhayay...................... Petitioners. -Versus- Bharat Coking Coal Limited & others..Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioners : Mr. Arvind Kumar Mehta, Adv. For the Respondents : Mr. Ananda Sen, Adv. ---- 06/21.8.2013 Heard learned counsel for the parties. This writ petition has been preferred for seeking compassionate appointment on the death of his father as Lamp Fitter in harness on 17th September, 1997. He also seeks direction upon the respondents to pay death-cum-retiral dues with interest. From the averments made in the writ application itself and upon hearing learned counsel for the parties, it is apparent that the date of birth of the petitioner recorded as per Annexure-5 is 7th March, 1985 and at the time of death of his father his age was 12 years approximately, Though he claims to have attained majority in the year 2003 reckoning his age from his...


Aug 21 2013

Dinesh Bhuiyan Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 582 of 2009 Dinesh Bhuiyan ..Appellant Versus The State of Jharkhand .Respondent ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI : HON'BLE MR. JUSTICE P.P. BHATT ---- For the Appellant : Mr. A.K. Chaturvedi, Advocate For the State : APP --- I.A. No. 5824/2013 11/21-08-2013 In this I.A., the appellant has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that the conviction of the appellant is based on the testimony of the solitary eye witness -P.W-4; there are several fatal contradictions in her deposition, and other witnesses have turned hostile; the appellant has remained in custody for about eight years. Learned A.P.P. opposed the appellant's prayer and submitted that the appellant is the only assailant and charge against him has been proved by the eye witness-P.W.-4 with strong corroboration of medical evidence; his prayer for bail was earlier rejected after...


Aug 21 2013

Rajesh Singh Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B.) No.481 of 2010 Rajesh Singh Appellant -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P.P. BHATT ------ For the Appellant : Mr. Rajeev Ranjan Tiwary, Advocate. For the State : A.P.P. ------ I.A. No.5990 o09. 21.08.2013: In this application, the appellant has prayed for his release on bail during pendency of the appeal. It has been submitted that though the appellant's same prayer was earlier rejected, he has remained in custody for more than six years; his conviction is mainly based on the dying declaration which is uncorroborated; the statement used as dying declaration, in fact, does not come within that category; there are other fatal contradictions in prosecution witnesses. Learned A.P.P. opposed the appellant's prayer and submitted that there is direct allegation against the appellant in the dying declaration of the deceased that he had assaulted t...


Aug 21 2013

Rina Devi and ors. Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.1744 o1. Rina Devi 2.Sachindra Kumar 3. Rajesh Kumar 4. Dinesh Chand.................Petitioners VERSUS State of Jharkhand and another....Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr.S.N.Prasad 7/ 21.8.13. Learned counsel appearing for the petitioners seeks permission to withdraw this application. Permission is accorded. This application is dismissed as withdrawn. (R.R.Prasad, J.) ND/...


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