Jharkhand Court September 2013 Judgments
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Md.imtiyaz Alam ? Md.imtiyaz Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 378 of 2007 ----- Md. Imtiyaz Alam @ Md. Imtiyaz .... .... Appellant -Versus- The State of Jharkhand .... .... .... .... Respondent ----- CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI HON'BLE MR. JUSTICE P.P. BHATT ----- For the Appellant : Mr. Anil Kumar, Advocate For the State : Mr. Manoj Kumar, A.P.P. ----- I.A. No.6062 o06. 17.09.2013 In this Interlocutory Application, the appellant has prayed for his release on bail, during the pendency of the appeal. Learned counsel for the appellant submitted that though the appellant's same prayer was earlier rejected, he has remained in custody for more than ten years; there is no likelihood of appeal being taken up for hearing in near future. Learned A.P.P. opposed the appellant's prayer and has submitted that there is cogent material on record supporting the charge of commission of murder of the deceased by the appellant in a cruel manner; his prayer for bail was earlier rejecte...
Md Eqbal Alias Galla Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 8776 of 2013 Md. Eqbal @ Galla ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Md. Sajid Yunus, Advocate For the State : A.P.P. -------- 3/ 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 offence under Section 395 of the Indian Penal Code, in connection with Katkamsandi (Pelawal) P.S. Case No. 48 of 2013 corresponding to G.R. No. 644 of 2013, S.T. No. 462 of 2013. The case relates to dacoity and the case was instituted against unknown. The informant claimed that he can identify the accused as he had seen the culprits. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and the petitioner was put to test identification parade, but he has not been identified. Learned counsel has accordingly...
Anand Mohan Prasad Singh Alias Tan Singh Vs. the State of Jharkhand an ...
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1924 of 2013 Anand Mohan Prasad Singh @ Tan Singh... ....Petitioner Vs. The State of Jharkhand & Anr....Opposite Parties CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Prakash Chandra For the State: Mr. Prem Prakash, APP 7/17.09.2013: Anticipatory bail application filed by petitioner Anand Mohan Prasad Singh @ Tan Singh in connection with Complaint Case No. 51 of 2007 pending in the court of learned Judicial Magistrate, Ranchi is moved by Sri Prakash Chandra and opposed by Sri Prem Prakash, learned Additional P.P. It is alleged that petitioner along with two others, namely, Harendra Kumar and Sunita Devi put Sulfas Tablet in the mouth of informant's husband due to that he died in RIMS. It is submitted that in fact the deceased committed suicide due to the atrocities of informant, which will be clear from the suicidal note ( Annexure-7). It is further submitted that keeping in view the aforesaid suicidal note, the po...
Har NaraIn Lakhotia Vs. State of Jharkhand and ors
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No.1531 of 2011 Har Narain Lakhotia Petitioner -Versus- The State of Jharkhand & Ors. .... Respondents. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P.P. BHATT ------ For the Petitioner : Mr. Rajesh Kumar For the Respondents : AAG, Md. Mokhtan Khan, A.K. Singh, A.K.Yadav & V.K. Trivedi. ------ 15/17.09.2013: Mr. Jai Prakash, learned Additional Advocate General appearing on behalf of the respondent-State submitted that a meeting has been held with the local administration, municipal authorities and the other concerned departments in order to chalk out a plan to deal with the buildings constructed without a sanctioned plan or deviating from the terms of the sanctioned plan of the building. On that basis, status report has been prepared by the respondents and the same is in the process of filing in the Court. He, however, admitted that in the report there is no statement regarding future action plan for the ...
Wahid Ahmad Alias Munna and ors Vs. State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No.284 o1. Wahid Ahmad @ Munna 2. Gulam Ansari 3.Lukman Ansari @ Yadav @ Ghargujuwa AnsariAppellants. -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ------ For the Appellants : Mr. R.C.P. Sah, Advocate. For the State : A.P.P. ------ I.A. No.6772 of 2013 with I.A. No. 7168 of 2013: /17.9.2013: In I.A. No.6772 of 2013, prayer was made for suspension of sentence and release of the appellant on bail, during pendency of the appeal; there are three appellants; in the cause title of aforesaid interlocutory application, it was not clear as to which appellant was the applicant; there was vagueness and errors in the application. I.A. No. 7168 of 2013 has been filed praying for modification in the said application and praying for release of all the three appellants on bail during pendency of the appeal. Both the interlocutory applications have been take...
Radha Nath Mahato Vs. Hare Krishna Mahato
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND RANCHI W.P. (C) No. 5382 of 2012 Radha Nath Mahato ... ... ... Petitioner Versus 1. Hare Krishna Mahato 2. Yudhisthir Mahato 3. Narayan Mahato 4. Kenti Mahatain 5. Minalti Mahatain ... ... ... Respondents CORAM: THE HONBLE MR. JUSTICE PRASHANT KUMAR ............ For the Petitioner : Mr. Kalyan Banerjee For the Respondents :5. 17.09.2013 This application has been filed for quashing the order dated 29.08.2012 in Title Partition Suit No. 60 of 2009 passed by Civil Judge, (Sr. Div.) No. V, Dhanbad, whereby and whereunder he rejected the application of petitioner for amendment of W.S. It appears that learned Civil Judge, (Sr. Div.) V, has rejected the said application because petitioner/defendant wants to introduce several new facts in W.S. and that too after framing of issue and examination of three witnesses of the plaintiff. From perusal of application filed by petitioner, Annexure-3, I find that no cogent reason given for amendment of W.S. I further find t...
Sunil Kumar Yadav Alias Lalu Yadav Alias Sunil Yadav Vs. the State of ...
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 6815 of 2013 Sunil Kumar Yadav @ Lalu Yadav @ Sunil Yadav Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Munna Lal Yadav, 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 25(1-B)(a), 26 of the Arms Act and Section 17 (i)(ii) of the C.L.A. Act, in connection with Pratappur P.S. Case No. 25 of 2013 corresponding to G.R. No. 322 of 2013. The petitioner was apprehended on 11.4.2013 and from his possession, one loaded country-made pistol and one extra cartridge were recovered. The petitioner has also accepted his involvement in extremist activities. In the facts of this case, I am inclined to enlarge the petitioner, Sunil Kumar Yadav @ Lalu Yadav @ Sunil Yadav, on bail. Accordingly, the petitio...
Bal Mukund Sahay Vs. Smt.Renu Bala and anr
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI Misc. Appeal No. 318 of 2006 Bal Mukund Sahay .... Appellant Versus Smt Renmu Bala and another ... Respondents Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner/ appellant (s): Mr. Ratnesh Kumar For the opp. party/ respondents : xxx IA No. 6205 o17. 09.2013 IA No.6205 of 2013 has been filed on behalf of the appellant praying for withdrawal of this appeal which has been filed against the order dated 22.5.2006 passed by the learned 1st Addl. District Judge, Hazaribagh, in Misc Case No. 1 of 1994. Prayer is allowed. IA No. 6205 of 2013 stands disposed of. Misc. Appeal No. 318 of 2006. In view of the order passed in aforesaid IA No. 6205 of 2013, this Appeal stands dismissed as withdrawn. Ambastha/- ( D.N.Upadhyay,J.)...
Manobar Ansari Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7228 of 2013 Manobar Ansari ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. K.P. Deo, 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 328, 379 and 411 of the Indian Penal Code, in connection with Jarmundi (Taljhari) P.S. Case No. 6 of 2013 corresponding to G.R. No. 38 of 2013. The case relates to theft of a tempo after intoxicating the driver. In the facts of this case, I am inclined to enlarge the petitioner, Manobar Ansari, 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 Sri Radha Krishna, learned Judicial Magistrate 1st Cl...
Villagers of Chordaha Panchayat Vs. the Union of India Through the Sec ...
Court: Jharkhand
Decided on: Sep-17-2013
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 6401 of 2012 Villagers of Chordaha Panchayat, Hazaribagh Petitioner Versus The Union of India & ors. Respondents CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mr. Vijay Kumar Gupta, Advocate For the U.O.I. : Mr. Md. Mokhtar Khan, ASGI For the State : Mr. Rajesh Shankar, G.A. For the D.V.C. : Mr. Satish Kumar Ughal, Advocate For the J.S.E.B. : Mr. Rupesh Singh, Advocate 06/Dated: 17 th September, 2013 Per D.N. Patel, A.C.J.:1. Learned counsels appearing for the petitioner as well as respondents have submitted that they are waiting for forest clearance from respondent nos. 1 and 2, but, none of the learned counsels for the respondents are able to point out that it is whose duty to get forest clearance and who has to prefer for forest clearance. 2. We hereby direct respondent nos. 3, 4, 5, 6, 7 and 8 to...
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