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Jharkhand Court August 2013 Judgments

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Aug 31 2013

Sanjay Kumar Singh Vs. the State of Jharkand and ors

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4497 of 2012 Lakshman Ram .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4314 of 2012 Sanjay Kumar Mehta .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4340 of 2012 Gyani Yadav .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4344 of 2012 Raj Kumar Ram .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4345 of 2012 Imtiyaz Ahmad .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4349 of 2012 Ram Krishna Pandey .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4350 of 2012 Md. Mojammil .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P.(S). No. 4353 of 2012 Sanjay Kumar Singh .... Petitioner Versus The State of Jharkhand & others ..... Respondents with W.P....


Aug 31 2013

Rabindra Nath Soren Alias Ravindra Nath Soren Vs. the State of Jharkha ...

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6561 of 2013 Rabindra Nath Soren @ Ravindra Nath Soren ........ Petitioner Versus The State of Jharkhand ...... Opp. Party --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioners : Mr. Yogesh Modi , Adv. For the Opp. Party : A.P.P. - -- 02/31.08.2013 The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Bhelwaghati P.S. Case No. 22 of 2012 (G.R. No. 2449 of 2012) for the alleged offence punishable under Section 376 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, Giridih. Heard the learned counsel for the petitioner as well as learned APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application. Learned counsel for the petitioner submitted that the present petitioner has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to certain enmity bet...


Aug 31 2013

Kishore Mandal Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6539 of 2013 Kishore Mandal ........ Petitioner Versus The State of Jharkhand ...... Opp. Party --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Petitioner : M/s Ananda Sen and Ashutosh Anand, Adv. For the informant : Mr. Binit Chandra, Adv. For the State : A.P.P. - -- 02/31.08.2013 The present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Dhanbad (Bankmore) P.S. Case No. 367 of 2013 (G.R. No. 1483 of 2013) for the alleged offence punishable under Sections 366(A), 376, 34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Dhanbad. Heard the learned counsel for the petitioner as well as learned counsel for the informant and APP appearing on behalf of the State and perused the F.I.R. and other papers annexed to the application. Learned counsel for the petitioner submitted that the present petitioner, who is in jail custody since 23.4....


Aug 31 2013

Smt.Nirmala Besra Vs. State of Jharkhand and anr

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 730 of 2011 Smt. Nirmala Besra .... Petitioner Versus The State of Jharkhand & another ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Vishal Kumar Tiwary For the Respondents : J.C. to S.C. I 12/31.08.2013 Despite time having been granted on at least three occasions, the respondents have not come out with any specific affidavit relating to the query made by this Court earlier as also on the question of the norms under which the appointment have given to persons as lady supervisor, having same marks as that of the petitioner i.e. 130 as they were elder in age to the petitioner. Learned counsel for the respondents seeks one more indulgence in the matter. In such circumstances, the matter is adjourned for another one week. It is made clear that if the respondents does not come out with their stand in the form of affidavit within the date fixed in this case, a cost of Rs. 2500/- shall ...


Aug 31 2013

Prasadi Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6710 of 2013 Prasadi Singh ... ... Petitioner -V e r s u s - The State of Jharkhand ... ... Opposite Party CORAM: - HONBLE MR. JUSTICE D. N. UPADHYAY For the Petitioner : Mr. Md. Zaid Ahmed, Advocate. For the State: : None 02/31.08.2013 Heard counsel for the petitioner. The petitioner is an accused in connection with a case registered under Sections 420, 467, 468, 471, 323, 379 and 504 of the Indian Penal Code. It reveals from the complaint that Geeta Devi wife of this petitioner executed power of attorney in favour of Yamuna Yadav disclosing her identity as Kunti Singh and this petitioner identified Geeta Devi as Kunti Singh in the said power of attorney. Since the accused persons used forged documents to disturb and take possession of the land belonging to the complainant, present case has been lodged. It is submitted that it is accused No.1 who manipulated the power of attorney and inserted more plot numbers including the plot No.115...


Aug 31 2013

Saraswati Devi Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Aug-31-2013

INTHEHIGHCOURTOFJHARKHAND,RANCHI W.P(Cr)no.5of2012 SaraswatiDevi .....Petitioner Versus TheStateofJharkhandandOrs. ....Respondents. CORAM:HON'BLEMR.JUSTICEP.P.Bhatt ForthePetitioner:Mr.ShobhakarMishraAdvocate FortheState:J.CtoG.A 05/031.8.2013 Thepetitionerbywayof filingthiswritpetitionunderArticles 226and227oftheConstitutionofIndiahasprayedforissuanceofawrit/order directingtherespondentsnos.2to4andcourtbelowforreinvestigationinS.T. No. 272 of 2011 arising out Tandi P.S. Case No. 25 of 2011 and also for issuanceofdirectiontothecourtbelowtotakecognizanceundersection376 oftheIndianPenalCodeagainsttherespondentnos.5to8. Thelearnedcounselforthepetitionerbyreferringparagraphs9 and 10 of the petition submitted that investigation is not being properly carriedouttofindoutthatthedaughterofthepetitionerwaskidnappedby the respondent no. 6 to 8 and was handed over to respondent no.5 for developingphysicalrelationandmarriage.Itisfurthersubmittedthatduring courseofinvestigationthepolicecaughtDelipMo...


Aug 31 2013

Sugen Bagti Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6730 of 2013 Sugen Bagti ... ... Petitioner -V e r s u s - The State of Jharkhand ... ... Opposite Party CORAM: - HONBLE MR. JUSTICE D. N. UPADHYAY For the Petitioner : Mr. Gautam Kumar, Advocate. For the State: : APP 02/31.08.2013 Heard the parties. The petitioner is an accused in connection with a case registered under Sections 467, 468, 471, 472 and 420 of the Indian Penal Code. It is alleged in the written report that the petitioner has created forged seal, letter pad and after putting fake signature of the informant, he had used those documents for making recommendation for allotment of Indira Awas and also opened Bank account in the name of different persons on his signature. In the Barharwa Branch of Allahabad Bank, he has opened bank account in the name of Tarachand Bagati by using forged signature and pasting his photograph. It is submitted that due to village politics this case has been lodged. The petitioner has not cheated a...


Aug 31 2013

Subrata Dasgupta Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6137 of 2013 Subrata Dasgupta ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Rajiv Ranjan Mr. Vishal Trivedi For the State : A. P.P. ----- 2/31.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 409/420/467/468/419 of the Indian Penal Code, in connection with Tilaiya P.S. Case No.108 of 2012, corresponding to G.R. No.1098 of 2012. From the FIR, it appears that there is allegation against the petitioner, who was working as Senior Manager in Allahabad bank, to have embezzled Rs.4,06,000/-, while he was posted in Jhumri Tilaiya Branch from 18.11.2006 to 14.10.2009. The money was allegedly embezzled in disbursement of the fund from Diary Subsidy A/C, to the various beneficiaries. The case was instituted in the year 2012. In the facts and circumstances of the case, I am...


Aug 31 2013

Abujar Sheikh Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-31-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6129 of 2013 Abujar Sheikh ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate & Sarfaraz Akhtar, Advocate For the State : A.P.P. -------- 2/ 31.08.2013 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 366A, 504, 506 / 34 of the Indian Penal Code, in connection with Pakur (M) P.S. Case No. 130 of 2013 corresponding to G.R. No. 370 of 2013. There is allegation against the petitioner to have kidnapped the minor daughter of the informant. The daughter of the informant had since been recovered and her statement has been recorded under Section 164 Cr.P.C., wherein, she has disclosed her age to be 18 years and the Court below has also assessed her age to be 17 years. In her statement, the victim has stated that she gone a...


Aug 31 2013

Sagar Kumar Mukherjee Vs. Jharkhand State Electricity Board Through Ra ...

Court: Jharkhand

Decided on: Aug-31-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cont.Case(Civil)No.300of2013 SagarKumarMukherjee ....Petitioner Versus JharkhandStateElectricityBoard&anr...Opp.parties. CORAM:HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.AjayKumarSingh,Adv. FortheOpp.parties :M/s.AmitKumar(S.C)&Samta,Adv. 04/31.08.2013 Onthebasisofthestatementsmadeintheshowcausefiledon 19thAugust,2013,learnedcounselfortheoppositepartiessubmitsthat the total amount of C.P.F including 10% interest amounting to Rs. 12,56,576/ (Rupees Twelve Lacks Fifty Thousand Five Hundred and Seventy Six)has been paid to the petitioner vide Cheque No. 552445 dated8thAugust,2013,whichhasbeenreceivedbyhiscounselon12th August,2013. ItisfurtherstatedthattwoChequesfortheamountof gratuityandOverTimehavealsobeenreceivedbythepetitioner.Such statementsrelatingtopaymentofgratuityamountofRs.7,68,922/and overtimeduesofRs.37,531/videChequesdated24thJune,2013and 26thJuly, 2013have beenmadeintheshowcause filed on31st July, 2013.PhotocopiesoftheChequeshavea...


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