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Jharkhand Court September 2013 Judgments

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Sep 17 2013

Krishan Prasad Singh Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6806 of 2013 Krishan Prasad Singh ..... Petitioner Versus The State of Jharkhand through Vigilance .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Pandey Neeraj Rai & Ms. Soumya S. Pandey, Advocates For the Vigilance : Mr. T.N. Verma, A.P.P. -------- 2/ 17.09.2013 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 406, 409, 420, 379, 120(B) / 34 of the Indian Penal Code, in connection with Koderma P.S. Case No. 28 of 2013 corresponding to G.R. No. 113 of 2013. The petitioner was posted as an Executive Engineer, in NREP, Koderma, and there is allegation against him that in all Rs. 2,26,47,234.00 was advanced to him for execution of different works, but the said amount has not yet been adjusted. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicat...


Sep 17 2013

Upendra Nag Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6828 of 2013 Upendra Nag ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. A.K. Chaturvedi, Advocate For the State : A.P.P. -------- 2/ 17.09.2013 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 394, 397 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Kamdara P.S. Case No. 51 of 2012 corresponding to G.R. No. 1001 of 2012. The case relates to robbery in course of which, the informant was injured. The case was instituted against unknown. From the impugned order, it appears that the witness has stated that the petitioner had earlier threatened/injured the informant and demanded money from him as levy. In the facts of this case, particularly, in view of the fact that in the FIR, the petitioner is not named, nor the...


Sep 17 2013

Smt Romanti Devi Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 1755 of 2013 Smt. Romanti Devi ... ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Raj Nandan Sahay, Advocate For the State : Mrs. Niki Sinha A.P.P. ........ 06/17.09.2013 Anticipatory bail application filed by Smt. Romanti Devi is moved by Sri Raj Nandan Sahay learned counsel for the petitioner and opposed by Mrs. Niki Sinha learned Additional PP for the State. It is alleged that the petitioner committed irregularity in distribution of foodgrains to pregnant ladies and children. There is no allegation that she misappropriated said foodgrains. Considering the aforesaid facts and circumstances, I allow this anticipatory bail application and direct the petitioner to surrender in the court below on or before 27.09.2013 and in the event of her surrender, the learned court below is directed to enlarge her on bail on furnishing bail bond of Rs....


Sep 17 2013

Rajendra Prasad Paswan Vs. Human Resource Development

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.226 of 2013 Rajendra Prasad Paswan .... Petitioner Versus The State of Jharkhand & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Din D. Saha For the Respondents : J.C. to S.C. Mines 03/17.09.2013 Heard counsel for the parties. The petitioner is said to have been dismissed from service on 30.3.2007 while working as Assistant Teacher at Middle School Chotabasko, Amrapara Division, Pakur. Petitioner has preferred a service appeal against the order of his dismissal before the Divisional Commissioner, Dumka, which, according to him is still pending. In the present writ application the petitioner has sought direction upon the respondents for making payment of Group Insurance and Provident Fund dues to which he is entitled. In that view of the matter, 6 weeks time is allowed to the counsel for the respondents to file counter affidavit in the matter. In the meantime , if such amount...


Sep 17 2013

Sanjay Kumar and ors Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 2696 of 2009 .... Sanjay Kumar & Ors. Petitioners -V e r s u s- The State of Jharkhand & Others ... ...Respondents With W. P. (S) No. 2703 of 2009 .... Subhash Chandra & Ors. Petitioners -V e r s u s- The State of Jharkhand & Others ... ...Respondents With W. P. (S) No. 5488 of 2009 .... Bidyut Kumar Ojha & Ors. Petitioners -V e r s u s- The State of Jharkhand & Others ... ...Respondents With W. P. (S) No. 6061 of 2009 .... Ravindra Kumar Ravikar & Ors. Petitioners -V e r s u s- The State of Jharkhand & Others ... ...Respondents CORAM: - HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioners: - M/s Rajiv Ranjan, A. Ahmad & S. B. Haque (in W. P. (S) Nos. 2696/09 & 2703/09) M/s Sohail Anwar, A. Ahmad & S. B. Haque (in W. P. (S) No. 6061/09) M/s Mahesh Tiwari & Anand Kr. Pandey (in W.P. (S) No. 5488/09) For the Respondents : - M/s R. No. Roy, GP-III, M.Jalisur Rahman, JC to GP-III, Binoda Nand Tiwary, JC to GP-II 10/17.09.2...


Sep 17 2013

Tarif Miyan Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5240 of 2013 Tarif Miyan ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Manoj Kumar No. 2, Advocate For the State : A.P.P. -------- 4/ 17.09.2013 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 302/201 of the Indian Penal Code, in connection with Ranka P.S. Case No. 3 of 2013 corresponding to G.R. No. 121 of 2013. The case relates to rape and murder of the niece of the informant and the petitioner has been made accused on the basis of suspicion. The enmity between the parties is mentioned in the FIR itself. The FIR further shows that on the date of occurrence, the deceased had gone to see a football match, where other persons were there and the petitioner was also present. There was some talk between the petitioner and the deceased and ...


Sep 17 2013

Suresh Prasad Vs. the Project Officer P B Area Putki Colliery Ms B C C ...

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND RANCHI W.P. (C) No. 342 of 2013 Suresh Prasad ... ... ... ... .... Petitioner Versus The Project Officer, P.B. Area, Putki Colliery ... ... Respondent CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Shekhar Prasad Sinha For the Respondents : Mr. Ananda Sen 6/17.09.2013 This application has been filed for quashing the order dated 31.08.2012 in Misc. Appeal No. 105 of 2012 passed by Principal District Judge, Dhanbad, whereby and whereunder he dismissed the appeal of petitioner which was filed against the order of Estate Officer, Putki, Balihar Area in Eviction Case No. 112 of 2011, whereby and whereunder he directed to evict petitioner from the land belonging to M/s Bharat Coking Coal Ltd. From perusal of impugned order, I find that appeal has been filed before Principal District Judge, Dhanbad after expiry of period of limitation and no application filed for condonation of delay. Thus, learned court below rightly dismisse...


Sep 17 2013

Shivdutt Sharma Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3163 of 2013 Shivdutt Sharma ... ....Petitioner Vs. The State of Jharkhand ....Opposite Party CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Rajesh Kumar For the State: Mr. Tapas kabiraj , APP 3/17.09.2013: Learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application. Permission accorded. Accordingly, this anticipatory bail application is dismissed as withdrawn. ( Prashant Kumar,J.) Sharda/-...


Sep 17 2013

Ejaz Ahmad Vs. the State of Jharkhand and anr

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1594 of 2013 Ezaj Ahmad @ Md Ezaj ... ....Petitioner Vs. 1.The State of Jharkhand 2. Hamida Khatoon ....Opposite Parties CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Arshad Hussain For the State: Mr. Tapas Roy, APP For the O.P. No. 2 Mr. Prabhat Kumar Sinha 8/17.02.2012: Anticipatory bail application filed by petitioner Ezaj Ahmad @ Md Ezaj is moved by Mr. Arshad Hussain and opposed by Sri Tapas Roy, learned Additional P.P. and Sri Prabhat Kumar Sinha,learned counsel for the O.P. No.2. At the out set, Sri Arshad Hussain, learned counsel for the petitioner submits that petitioner is ready to keep the complainant ( O.P. No.2) as his wife with all honour and dignity and for that purpose he is ready to give written undertaking in the court below. Learned counsel for the O.P. No. 2 submits that the complainant is also ready to reside with the petitioner as his wife provided he give undertaking that he will keep her wit...


Sep 17 2013

Satish Kumar Pathak Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Sep-17-2013

IN THE HIGH COURT OF JHARKHAND RANCHI A. B. A. No. 1879 of 2013 Satish Kumar Pathak ... ... ... Petitioner Versus 1.The State of Jharkhand 2. Nira Devi ... ... Opp. Parties With A.B.A. No. 1826 o1. Devanti Devi @ Dewanti Devi 2. Abhinesh Kumar Pathak @ Tinku Pathak @ Awanish Pathak .... ...... ..... Petitioners The State of Jharkhand ... ... ... Opp. Party CORAM: HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioners : Mr. Mahesh Tewari, Advocate (in both cases) For the State : Mr. Prem Prakash, A.P.P. (In A.B.A. No. 1879/2013) Mr. Awanikant Prasad, A.P.P.(in A.B.A. No. 1826/2013) For the O.P. No.2 : Mr. Rakesh Kr. Trivedi, Advocate ........ 05/17.09.2013 Both these anticipatory bail applications arose from same complaint petition, thus, are heard together and disposed of by this order. Anticipatory bail application filed by Satish Kumar Pathak petitioner (in A.B.A. No. 1879 of 2013) and Devanti Devi @ Dewanti Devi and Abhinesh Kumar Pathak @ Tinku Pathak @ Awanish Pathak p...


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