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Jharkhand Court December 2014 Judgments

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Dec 10 2014

Dr Dhiraj Sinha Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Dec-10-2014

IN THE HIGH COURT OF JHARKHAND, RANCHI --- Cr.M.P. No. 2855 of 2013 --- Dr. Dhiraj Sinha .. ... ... ..... Petitioner -- Versus -- The State of Jharkhand .. ... ... ..... Opposite Party CORAM :- HON'BLE MR. JUSTICE P.P. BHATT --- For the Petitioner :- Mr. Pandey Pradip Nath Roy, Sr. Advocate Mr. Pandey Ashok Nath Roy, Advocate For the State :- A.P.P. --- 2/ 10.12.2014 The present application is filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the Order dated 28.7.2013, passed by the learned Judicial Magistrate, Ranchi, in connection with G.R. No.2758 of 2013, arising out of Bariyatu (G) P.S.Case No.170 of 2013, whereby the learned court below has accepted the Final Report without service of notice and without giving opportunity of hearing to the petitioner at the time of consideration of the report and has straight-way accepted the report. Learned counsel for the petitioner, by referring the order dated 30.5.2013, 19.6.2013 and 28.7.2013, pointed out that...


Dec 10 2014

Amlesh Kumar Vs. The State of Jharkhand and Anr

Court: Jharkhand

Decided on: Dec-10-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 2172 of 2014 Amlesh Kumar .... Petitioner Versus 1. The State of Jharkhand 2. Arun Kumar Opposite Parties --- CORAM : HONBLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioner : Mr. Pandey Neeraj Rai For the State : A. P. P. For O.P. No. 2 : Mrs. A. R. Choudhary --- Order No. 08 Dated 10th December , 2014 1. Heard learned counsel for the petitioner and the learned counsel for the State as well as the learned counsel for the opposite party No.2. 2. At the outset, learned counsel for the petitioner has confined his argument with respect to the challenge made by him to the orders dated 19.3.2013 and 28.6.2014 in which the application filed by him for sending the concerned cheque to F.S.L. for its verification was rejected and subsequently affirmed in revision.3. As regards the order taking cognizance, he has submitted that he may be allowed to put forward his defence about defect in service of notice at the appropriate stage. It i...


Dec 10 2014

Kameshwar Singh Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Dec-10-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2753 of 2014 Kameshwar Singh ....Petitioner Versus The State of Jharkhand Opposite Party -------- Coram: THE HONBLE MR JUSTICE P.P. BHATT -------- For the Petitioner : M/s. P.S. Dayal, Sanjay Kumar & Sanjeev Kumar Singh, Advocates For the State : Mr. Pawan Kumar Choudhary, A.P.P. /10.12.2014: Present criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of orders dated 10.02.2014, 17.02.2014 and 08.07.2014 passed by learned Judicial Magistrate, 1st Class, Bermo at Tenughat in Gomia P.S. Case No. 186 of 2013, corresponding to G.R. Case No. 1358 of 2013 registered for the offences punishable under Sections 409/ 420/ 447 of the Indian Penal Code, whereby warrant of arrest, processes under Sections 82 and 83, Cr.P.C. respectively have been ordered to be issued against the petitioner, now pending before the learned Judicial Magistrate, 1st Class, Bermo at Tenughat.2. Learned couns...


Dec 10 2014

Kishan Parasrampuria Vs. The Ranchi Municipal Corporation Through the ...

Court: Jharkhand

Decided on: Dec-10-2014

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 423 of 2014 Kishan Parasrampuria Appellant Versus 1. The Ranchi Municipal Corporation through the Chief Executive Officer, having its office at Kuthcery Road, Ranchi, P.O. GPO, P.S. - Kotwali, District Ranchi.2. The Chief Executive Officer, Ranchi Municipal Corporation, having its office at Kurchery Road, Ranchi, P.O. GPO, P.S. - Kotwali, District Ranchi.3. The Deputy Chief Executive Officer, Ranchi Municipal Corporation, having its office at Kurchery Road, Ranchi, P.O. GPO, P.S. - Kotwali, District Ranchi.4. Bishnu Prasad Lohia, son of Late Jwala Prasad Lohia, resident of Flat No.105/106 Panchwati, Kanke Road, P.O. - University, P.S. - Gonda, District Ranchi. Respondents ------ CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE D. N. PATEL ----- For the Appellant: M/s. Rajiv Ranjan, Shresth Gautam, Shray Mishra, Piyush Chitresh For the Respondents: M/s. R.R. Nath, Indrajit Sinha, Shresth Gaut...


Dec 10 2014

Mumtaz Begam Vs. State of Jharkhand and Ors

Court: Jharkhand

Decided on: Dec-10-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.2396 of 2010 Mumtaz Begum ........................ Petitioner Versus The State of Jharkhand & Ors. ........................ Respondents .......... CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the petitioner : Dr. H. Waris, Advocate For the State : J.C. to A.G. For the Accountant General: Mr. S. Srivastava, Advocate ........... 5/10.12.2014 The petitioner has challenged the order dated 1.10.2009, as contained in memo no.3488 issued by the Senior Accounts Officer, Office of the Accountant General (A & E), Jharkhand, Ranchi, wherein and where under the claim of the petitioner for payment of full family pension has been rejected, with a further prayer for issuance of full family pension order in favour of the petitioner including the arrears w.e.f. 11.7.1998. The brief fact, as has been argued on behalf of the petitioner, that the petitioner is the second wife of Late Abdul Hamid Khan, who retired from service on 22.9.1974 from th...


Dec 10 2014

Ayub Raza Vs. The State of Jharkhand

Court: Jharkhand

Decided on: Dec-10-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P No. 242 of 2014 . Ayub Raza .. . Petitioner Versus The State of Jharkhand .. . Opposite Party CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY For the Petitioner : Mr. Arshad Hussain, Advocate Mr. Haider Ali, Advocate For the State : Mr. Pankaj Kumar, A.P.P. . 04/ Dated 10th December, 2014 I.A No. 6239 of 2014 This application has been filed for amendment/ addition of the reliefs sought by the petitioner. On going through the application and after careful perusal of the interlocutory application the same is allowed. I.A No. 6239 of 2014 is disposed of. The averments made in para-5 of the I.A shall form part of the main quashing application. Cr.M.P No. 242 of 2013 Heard learned counsel for the petitioner and learned counsel for the State. In this application the prayer of the petitioner is for quashing the entire criminal proceedings including the first information report which had been instituted in connection with Kara P.S.Case No. 72 of 2...


Dec 08 2014

Jharkhand Against Corruption Through Its Vice President Santosh Kumar ...

Court: Jharkhand

Decided on: Dec-08-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No.4306 of 2013 --- Jharkhand Against Corruption through its Vice President Santosh Kumar Singh, Nai Basti, Argora, Ashok Nagar, Ranchi ... Petitioner Versus 1. The State of Jharkhand.2. The Chief Secretary, Jharkhand, Ranchi.3. The Home Secretary, Jharkhand, Ranchi.4. The Director General of Police, Jharkhand, Ranchi. Respondents ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD HONBLE MR. JUSTICE RAVI NATH VERMA ----- For the Petitioner : Mr. Rajeev Kumar, Advocate For the State : Mr. R.S. Majumdar, Advocate General ----- 10/08.12.2014. Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. Before we proceed with the matter, the order, which was recorded on 21st August, 2013, needs to be reproduced, which is hereunder:- 1. Learned Advocate General appearing for the State of Jharkhand is seriously challenging the bona-fide of the petitioner and points out several decisions of the Hon'ble Supreme C...


Dec 08 2014

Rabi Singh and Ors. Vs. State of Jharkhand and Anr.

Court: Jharkhand

Decided on: Dec-08-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 4923 of 2001 1. Rabi Singh.2. Satendra Singh.3. Suku Singh.4. Sarita.5. Hari Pada Singh @ Haripada Mahto.6. Baby Singh.7. Rabri Devi ....Petitioners Versus 1. The State of Jharkhand.2. Purnima Singh .....Opposite Parties ---- Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------- For the Petitioners : Mr. D.K. Karmakar, Advocate For the State : Mr. M.B. Lal, APP For O.P. No. 2 : None ----- 03/8.12.2014 At the outset, learned counsel for the petitioners submits that petitioner no. 5-Hari Pada Singh @ Haripada Mahto has already died, therefore, his name may be deleted. Prayer is allowed. Heard learned counsel for the petitioners and learned counsel for the State. No one appears on behalf of O.P. No.2. In this application, the prayer of the petitioners is for quashing of the order dated 5.1.2001, passed in C/1 Case No. 1076 of 2001, by which the learned court below had been pleased to take cognizance against the petitioners for the o...


Dec 08 2014

Sarita Devi Vs. State of Jharkhand and Ors.

Court: Jharkhand

Decided on: Dec-08-2014

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5702 of 2005 Sarita Devi ........................ Petitioner Versus The State of Jharkhand & Ors. ........................ Respondents .......... CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the petitioner : Mr. V.K. Tiwary Advocate For the State : Mr. A. Allam, Sr. S.C.II For the respondent no.9 : Mr. M.A. Khan, Advocate ........... 12/08.12.2014 The petitioner, being aggrieved by the order dated 2.9.2005 issued by the Deputy Development Commissioner, Ranchi on the basis of the order of Deputy Commissioner, Ranchi on 28.7.2005, by which the selection of the petitioner as Anganbari Sevika has been cancelled, has approached this Court. It has been submitted by learned counsel appearing on behalf of the petitioner that the petitioner was appointed as Sevika vide letter dated 18.1.2003 issued by the Child Development Project Officer, Khunti, Ranchi. The selection was made by following all due procedures on the recommendation of t...


Dec 05 2014

Basant Prakash Vs. State of Jharkhand and Ors.

Court: Jharkhand

Decided on: Dec-05-2014

WP(S) No. 16 of 2006 ---- In the matter of an application under Article 226 of the Constitution of India. ---- Basant Prakash, s/o late Sunder Ram, resident of Village Farsabera,P.S. Simdega , Dist., Simdega ... Petitioner -Versus- 1.State of Jharkhand 2.The Deputy Inspector General of Police, Jharkhand Armed Police -II, Tatisilwai, Ranchi 3.The Commandant, Bihar Military Police-12, Tatisilwai, now Jharkhand Military Police, Ranchi ... ... Respondents ---- For the Petitioner :M/s.P.P.N.Roy, Sr. Advocate For the Respondents :M/s.Saket Upadhyay & Shishir Sumun ---- PRESENT : HONBLE MR. JUSTICE APARESH KUMAR SINGH ---- Aparesh Kumar Singh,J: Heard learned counsel for the parties.2. The petitioner, who was a constable under Bihar Military Police, was proceeded against for unauthorized absence of 257 days in Departmental Proceeding No.2/98 and was dismissed from service on 28.1.1999, Annexure 1, by the Commandant, Bihar Military Police-12 on the basis of misconduct established against him. ...


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