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The Technology Development Board Act, 1995
Section 379 in The Indian Penal Code
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 4 in The Mines Act, 1952
Section 411 in The Indian Penal Code

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Jharkhand High Court
Toshif Azmi vs The State Of Jharkhand And Anr on 19 November, 2014
              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr.M.P. No. 1915 of 2014

        Tapas Kumar Deb                                       ....Petitioner
                                          Versus
        The State of Jharkhand and Anr.                   ... Opposite Parties.

        CORAM:        THE HON'BLE MR JUSTICE P.P. BHATT
                                             --------
        For the Petitioner : Mr. Ajay Kr. Sah, Adv.
        For the State      : A.P.P.
                                   .........

3/19.11.2014

: Put up this case on 3rd December, 2014, awaiting the service report.

Till the next date of listing, ad interim order granted earlier shall continue.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2526 of 2013 Guddu Tanti and Anr. ....Petitioners Versus The State of Jharkhand and Ors. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Subhash Chandra Prakash, Adv.

For the State : A.P.P.

For the Opp. Party Nos. 2 to 4: Mr. Ashish Jha, Advocate.

.........

7/19.11.2014: Learned counsel Mr. Ashish Jha submits that he has received instruction and filed Vakalatnama on behalf of Opp. Party Nos. 2 to 4 and his name is also appearing in the cause list.

Learned counsel for Opp. Party Nos. 2 to 4 prays for two weeks time to file counter affidavit, for which, the learned counsel for the petitioners has no objection.

In view of the above position, put up this case on 17th December, 2014.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2505 of 2013 Bam Shankar Pathak ....Petitioner Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Pankaj Kumar, Advocate.

        For the State      : A.P.P.
                                   .........

4/19.11.2014:         In view of office report dated 18.11.2014, the service report

of ordinary service has not been received. So far as registered cover is concerned, the same has been returned undelivered, as the Opp. Party No. 2 is not working with Simdega Branch.

Learned counsel for the petitioner shall provide the present and correct address of Opp. Party No. 2 within a week and thereafter, fresh notice be served upon Opp. Party No. 2 at correct and present address.

Learned counsel for the petitioner submitted that the petitioner is a Bank employee and at present, he is posted in Bihar at Purniya Branch which is 500 K.M. away form the place, where the trial is pending. It is also submitted that as per the FIR, there is allegation for tampering and misappropriation of money and the said amount has been deposited before lodging of FIR.

In view of above submissions, put up this case on 7 th January, 2015.

Till the next date of listing, further proceeding in connection with Simdega P.S. Case no. 64/2011 (G.R. No. 173/2011), pending in the court of learned CJM, Simdega is stayed.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2020 of 2013 Toshif Azmi ....Petitioner Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Nazia Rashid, Adv.

        For the State      : A.P.P.
                                   .........

5/19.11.2014:          As prayed, put up this case on 26.11.2014

In the meantime, let the Demand Draft be got renewed. Till the next date of listing, ad interim order granted earlier shall continue.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2017 of 2014 Hari Shankar Pathak ....Petitioner Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Ashok Kumar Singh, Adv.

        For the State      : A.P.P.
                                   .........

4/19.11.2014:             Put up this case after one week, awaiting the service
        report.

Till the next date of listing, ad interim order granted earlier shall continue.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2744 of 2013 Amresh Kumar Dhiraj and Ors. ....Petitioners Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. A.K. Chaturvedy, Adv.

        For the State                : A.P.P.
        For the Opp. Party No. 2     : Mr. Nilesh Kumar, Advocate.
                                 .........

5/19.11.2014:             With consent of the parties, put up this case on
        27.11.2014.

Till the next date of listing, ad interim order granted earlier shall continue.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1472 of 2011 Sanjay Kumar Roy. ....Petitioner Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

        For the Petitioner          : M/s. Ragini and Arun Kr. Dey , Advocates
        For the State                : A.P.P.
        For the Opp. Party No. 2     : Mr. M.M. Sharma, Advocate.
                                 .........

5/19.11.2014:             Learned counsel, R. M.M. Sharma submitted that he has

received instruction and he will file Vakalatnaman on behalf of Opp. Party No. 2 in course of the day, thereafter, he will also file counter affidavit within two weeks, for which, the learned counsel for the petitioner has no objection.

In view of the above position, put up this case after two weeks.

Till the next date of listing, ad interim order granted earlier shall continue.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Tr. Petition (Cr.) No. 09 of 2014 Foolmani Devi. ....Petitioner Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Ravi Prakash, Advocate.

        For the State            : A.P.P.
                                      .........

6/19.11.2014:          Defect as pointed out vide S.R. dated 15.4.2014 is ignored
        for the present.

The present petition has been filed under Section 407 Cr.P.C. praying therein for transfer of Matrimonial Title Suit No. 176 of 2013 filed under Sections 13(i)(ia)(ib) of the Hindu Marriage Act for divorce before the learned Principal Judge, Family Court, Hazaribagh to the court of learned Principal Judge, Family Court, Gumla, where the petitioner is residing.

Learned counsel for the petitioner submitted that the petitioner is residing about more than 200 K.M. from Hazaribagh, where the case is pending and she is facing great difficulties in attending the said case at Hazaribagh.

In view of the above position, let notice be issued upon Opp. Party No. 2, for which requisites etc. under ordinary process as well as registered cover with A/D must be filed on or before 21.11.1014.

Notice is made returnable on 22nd December, 2014. Till the next date of listing, further proceeding in connection with Matrimonial Title Suit No. 176/2013 pending in the court of learned Principal Judge, Family Court, Hazairbagh be stayed.

Anu/- (P.P.Bhatt, J.) 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: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Arshad Hussain, Advocate.

For the State : A.P.P.

2/19.11.2014: The present petition has been filed under Section 482 Cr.P.C. for quashing the entire criminal proceeding including the First Information Report being Karra P.S. Case No. 72/2013 (G.R. No. 495/2013) for the offence punishable under Sections 379 and 411 IPC, Section 4(i) of the Mines and Minerals (Regulation and Development) Act, 1957 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, pending in the court of learned Judicial Magistrate, 1st Class, Khunti.

Heard the learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State and perusal the materials placed on record.

Learned counsel for the petitioner submitted that the Sub-Inspector of Police instituted the present FIR against the petitioner, who is not having the authority under law to institute such FIR for the alleged offence under Sections 379 and 411 IPC, Section 4(i) of the Mines and Minerals (Regulation and Development) Act, 1957 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. It is further submitted that in view of Section 22 of the Mines and Minerals (Regulation and Development) Act, 1957, which specifically provides that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government. In support of his submission, learned counsel for the petitioner also referred to and relied upon the judgment passed in 2009(2)JCR 509(Jhr.) and 2010(3) JCR 301(Jhr.).

Per contra, the learned APP appearing for the State prays some time to place the case law against the submission made by the learned counsel for the petitioner pertaining to question of law.

Put up this case tomorrow i.e. on 20.11.2014.

Anu/- (P.P.Bhatt, J.) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 2802 of 2013 Baliram Prasad Gupta ....Petitioner Versus The State of Jharkhand and Anr. ... Opposite Parties.

CORAM: THE HON'BLE MR JUSTICE P.P. BHATT

--------

For the Petitioner : Mr. Devesh Krishna, Advocate.

        For the State             : A.P.P.
                                       .........
                                I.A. No. 3602 of 2014.

4/19.11.2014:          The present interlocutory application has been filed for

seeking amendment in para 1 and prayer portion of the main petition.

Heard the learned counsel for the petitioner as well as the learned APP appearing for the State and perused the materials placed on record.

For the reasons stated in this application, supported by an affidavit, the same is allowed.

Let necessary amendment be carried out accordingly in course of the day.

I.A. (Cr.) No. 3602/2014 stands allowed and disposed of.

Cr.M.P. No. 2802 of 2013.

Put up this case tomorrow i.e. on 20.11.2014.

Anu/-                                                        (P.P. Bhatt, J.)