Court : Jharkhand
Reported in : 2007(2)BLJR1363
1. Dr. S.C. Mishra is the Chief Medical Officer working in Dr. Ram Manohar Lohia Hospital, New Delhi. His son Abhishek Mishra was studying in B.I.T., Mesra, Ranchi, Jharkhand.2. On 08.12.2006, he received a telephone call from one Ragini, the daughter of Shri Laloo Prasad Yadav, Union Railway Minister, who is also studying in same college and a college friend of his son, informing him that Abhishek his son got drowned in Dassam Fall.3. Then the parents of the deceased as well as the relatives of the deceased took flight and came to the spot on 09.12.2006, only on the next day.4. The body was fished out from Dassam Falls. He found serious cut injuries on the body of the deceased. Without conducting any investigation as to real cause of death, the police hurriedly made an announcement that death was due to drowning.5. He was informed that Ragini Kumari and two other friends, who accompanied to Dassam Falls, were taken to the Chief Minister's House on 08.12.2006 night. Thereafter, they we...
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2496; [2008(3)JCR391(Jhr)]
D.K. Sinha, J.1. The Criminal Revision is directed against the order impugned dated 16.6.2007, passed by learned A.C.J.M., Latehar in Latehar P.S. Case No. 50 of 1998 (G.R. No. 132 of 1998), whereby and whereunder, the discharge petition filed under Section 239 of the Code of Criminal Procedure on behalf of the petitioner was rejected.2. Short fact of the case, as stands narrated in the written report of the opposite party No. 2 Awadh Bihari Singh, the then Divisional Forest Officer, State Trading Division-II, Latehar, was that the petitioner Vijay Kumar Sinha was the Divisional Forest Officer of the State Trading Division-II, Latehar from 2.1.1990 to 28.12.1993. It was alleged that during his tenure of posting at such place, he defalcated huge amount of public money, approximate to the tune of Rs. 43,20,500/- as it was found after official enquiry by the Department. Informant had produced various documents with the written report which were the basis of institution of the case. It was...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR881; [2007(2)JCR283(Jhr)]
D.K. Sinha, J.1. The petitioner, above named, has preferred this petition under Section 482 of the Code of Criminal Procedure for quashment of the entire criminal prosecution arising out of C.P. Case No. 276 of 2004 including the impugned order dated 10.1.2005, whereby and whereunder, cognizance of the offence under Section 138 of the Negotiable Instrument Act, 1881 (in short N.I. Act) was taken against him, presently pending in the court of Judicial Magistrate, 1st Class, Bokaro.2. The prosecution story as contained in C.P. Case No. 276 of 2004 in brief is that the opposite party No. 2-complainant being a business man rendered service to the company of the petitioner, 'Samteeh Infonet Ltd' and had done development work as promoter in the said company within the territory of the State of Jharkhand. The accused- petitioner, Samir Gupta was the Director whereas the accused No. 2 Alok Gupta was the Managing Director of the said company (in short S.I Ltd.). It is stated further in the comp...
Tag this Judgment!Court : Jharkhand
1. Petitioner has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of the order dated 20.5.2010, passed by the SDJM, Seraikella in G.R. No.375 of 2000 by which the petition filed on behalf of the petitioner for dropping his criminal proceedings for want of sanction required under Section 197, Code of Criminal Procedure was rejected. 2. Criminal prosecution of the petitioner and two others was set on motion on the basis of the written report, presented by the Executive Engineer, Mechanical Division, Icha Chaliyama, P.S.-Rajnagar, DistrictWest Singhbhum, whereupon Rajnagar P.S. Case No.45 of 2000 was registered on 15.7.2000 for the alleged offence under Sections 406/409, Indian Penal Code against the petitioner Radhey Shyam Pandey and the another Shradanand Singh, Junior Engineer on the allegation of missing of three self starters, which were valued at Rs.60,000/- each, on account of irresponsibility and negligence on the part of...
Tag this Judgment!Court : Jharkhand
Reported in : 2006CriLJ4498; [2006(3)JCR282(Jhr)]
D.K. Sinha, J.1. The petitioner Md. Sayeed has preferred this petition under Section 482 Cr.P.C. for quashing/ setting aside the impugned orders dated 23.8.2005, 21.12.2005 and 24.12.2005 passed in R.C. Case No. 5(A)/2000 by the Special Judge, C.B.I. (A.H.D.), Ranchi presently pending in the Court of Shri S.N. Prasad, Special Judge, C.B.I. (A.H.D.) with further direction to the said Court to allow the petitioner afresh to examine his defence witnesses through summons of the Court and to stay the further proceedings in the aforesaid case with the direction to the Trial Court below not to pronounce judgment till the disposal of the instant application. 2. Mr. K.K. Jha Kamal, learned Counsel for the petitioner contended that the impugned orders dated 23.8.05, 21.12.2005 and 24.12.2005 vide Annexures 4,7 & 8 passed by the Special Judge, C.B.I. (A.H.D.), Ranchi in R.C. Case No. 5(A)/2000 suffer from legal infirmities, contrary to the provisions of Sections 233 and 315 of the code of Crimina...
Tag this Judgment!Court : Jharkhand
1 INTHEHIGHCOURTOFJHARKHANDATRANCHI Cr.M.P.No.2of2010 [email protected],sonofHariLalChawda, residentofKarbalaRoad,P.O.&P.S.BankMore,DistrictDhanbad .... .... . Petitioner Versus 1.TheStateofJharkhand 2.EhsanualHaque,sonofLateWakilAhmad,residentofWasseypur, Karimganj,P.S.BankMore,DistrictDhanbad .... .... .... Opp.Parties With Cr.M.P.No.1495of2007 NareshKumarChawdasonofHariLalChawda,residentofKarbalaRoad, P.O.&P.S.BankMore,DistrictDhanbad .... .... . Petitioner Versus 1.TheStateofJharkhand 2.EhsanualHaque,sonofLateWakilAhmad,residentofWasseypur, Karimganj,P.S.BankMore,DistrictDhanbad .... .... .... Opp.Parties CORAM :HON'BLEMR.JUSTICEB.B.MANGALMURTI ForthePetitioner :Mr.Shailesh,Advocate(Inbothcases) FortheState :Mr.P.K.Appu,A.P.P.(Inbothcases) 05/28.07.2017 Instant application has been filed challenging the order dated 18.07.2007 passed by the Court of Shri Piyush Srivastava, Judicial Magistrate,1stClass,DhanbadinC.P.CaseNo.1578of2003wherebyand ...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(4)JCR500(Jhr)]
ORDERD.K. Sinha, J.1. The petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of their criminal proceedings in Forest Case No. 232 of 1998 for the alleged offence under Section 33 of the Indian Forest (Bihar Amendment) Act, 1989 and under Section 2 of the Forest Conservation Act, pending in the Court of Judicial Magistrate, 1st Class Giridih in T.R. No. 1385 of 2004.2. The petitioners had earlier moved before this Court in Cr. Misc. No. 8131 of 1999 R which was disposed of on 11.1.2000 with the liberty to the petitioners to raise all the points before the Court below at the time of explaining the substance of accusation and it was directed to the Court below to pass appropriate order in accordance with law on proper verification of the allegation levelled against them.'3. The learned Counsel Mr. Deepak Kumar submitted that the petitioner No. 4 M/s. Kariya Tari Mica Mining Company Ltd. was a lessee since time...
Tag this Judgment!Court : Jharkhand
Reported in : [2007(3)JCR615(Jhr)]
ORDERR.R. Prasad, J.1. This application has been filed on behalf of the petitioner under Article 226 of the Constitution of India for issuance of appropriate writ in the nature of certioari for quashing the entire criminal proceedings of R.C. Case No. 7 of 1987 (R), earlier pending in the Court of Special Judge,, CBI, Dhanbad, but now transferred to one of the Courts of special Judge, CBI, Ranchi on account of inordinate delay occurred in conclusion of trial which amounts to denial of the right or speedy justice which is one of the mandates of Article 21 of the Constitution of India.2. Learned Counsel for the petitioner submits that this is a glaring example of inordinate delay in conclusion of the trial as the petitioner has been facing the rigors of the trial since last 20 years and still there is no likelihood of early conclusion of the trial and the manner in which the trial is being conducted on the part of the CBI defying the right of speedy justice to the petitioner is certainly...
Tag this Judgment!Court : Jharkhand
Reported in : 2007CriLJ472
D.K. Sinha, J.1. The petitioners herein have preferred this petition under Section 482 Cr.P.C. for quashing the F.I.R. of Chauparan P.S. Case No. 85/2005 lodged on 22.5.2005 corresponding to G.R.No. 1347/05 arising out of the said police case pending in the Court of C.J.M., Hazaribagh.2. The brief fact of the case, as is evident from the statement of the informant Abdul Rauf presented before the Chauparan Police in Chauparan P.S. Case No. 85/05 is that two persons namely Md. Usman and Md. Suleman @ Sule were forcibly taken by as many as 18 named accused persons and few others, variously armed with deadly weapons, such as sticks, rods and axes. Both the persons were tied in a pole of electric Transformer, situated near the house of one Bhikhari Rana and were assaulted by fists and slaps by the named accused and others. In the meantime, one Uma Shankar Akela of Chauparan arrived at the place of occurrence, who also assaulted them with kicks and abetted the villagers, who were present the...
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR2699
ORDERD.K. Sinha, J.1. The petitioner has preferred this Cr. Revision challenging the legality, propriety and correctness of the order impugned dated 26.7.2008 passed under Section 127(1) of the Code of Criminal Procedure by the Principal Judge, Family Court, Jamshedpur in Misc. Case No. 167 of 2005 by which the maintenance amount, which was earlier given to Smt. Anasuya, opposite party herein to the tune of Rs. 350/- per month was enhanced on her petition dated 4.10.2007 to the extent of Rs. 3,000/- per month directing the petitioner to pay w.e.f. 4.10.2007.2. The fact of the case in short was that the opposite party preferred a petition under Section 125 Cr.P.C. before the Judicial Magistrate, Ist class, Jamshedpur which was registered as Misc. Case No. 30 of 1988 and the same was allowed in terms of the order dated 24.7.1993 asking the petitioner to pay Rs. 350/- per month since 24.7.1993.3. The opposite party after a long interval preferred a petition under Section 127(1) of Cr.P.C....
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