Jharkhand High Court
Sambhu Nath Jha vs The State Of Jharkhand on 6 November, 2020
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 963 of 2019
1.Sambhu Nath Jha
2.Budhhi Nath Jha
3.Chanchal Mani Narone ............Petitioners
Vrs.
1.The State of Jharkhand
2.Smt. Veena Kumari, District Superintendent of Education (DSE), Deoghar
............. Opposite Parties
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioners : Mr. Anjani Kumar Verma , Advocate For the O.P. : Mr. Ravi Kerketta, A.C. to A.A.G-IV 17 /06.11.2020 Mr. Ravi Kerketta, A.C. to learned Additional Advocate General-
IV submits that supplementary show cause has been filed yesterday and copy thereof has been served upon learned counsel for the petitioner also on 03.11.2020 showing compliance of the order under offence in letter and spirit. The reasoned order is dated 02.11.2020 bearing memo no. 1144.
Mr. Anjani Kumar Verma, learned counsel for the petitioner seeks time to go through it.
Accordingly, let the matter appear on 27.11.2020.
(Aparesh Kumar Singh, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 1123 of 2019 Bhagirath Prasad ............Petitioner Vrs.
The State of Jharkhand & others ............. Opposite Parties .......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioners : Mr. Vijay Shankar Prasad , Advocate For the O.P. : Mr. Mukesh Kumar Sinha, Advocate 09 /06.11.2020 Mr. Vijay Shankar Prasad, learned counsel for the petitioner and Mr. Mukesh Kumar Sinha for the opposite party are present through Video Conferencing.
Learned counsel for the opposite party submits that meeting of the Board of Directors of Jharkhand Urja Utpadan Nigam Limited has taken place yesterday in which case of the petitioner was also taken up. He submits that if the matter is adjourned for 10 days, he would bring on record the decision showing compliance in the matter.
Accordingly, let the case appear on 04.12.2020.
(Aparesh Kumar Singh, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 74 of 2019
Sweta Suman ............Petitioner
Vrs.
Dr. Amand Bhaskar ............. Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Suraj Singh, Advocate For the O.P. : Mr. Kripa Shankar Nanda, Advocate 08 /06.11.2020 Learned counsel for the petitioner Mr. Suraj Singh and Mr. Kripa Shankar Nanda for the opposite party are present through Video Conferencing.
Rejoinder affidavit has been put in the drop box on 03.11.2020 but has not been placed on record. Let it be placed on record before the next date.
Let the matter appear on 04.12.2020.
(Aparesh Kumar Singh, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 09 of 2020 Sehana Khatoon ............Petitioner Vrs.
Md. Shahabuddin Ansari ............. Opposite Party .......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Arwind Kumar, Advocate For the O.P. : None 06 /06.11.2020 Learned counsel for the petitioner Mr. Arwind Kumar is present through Video Conferencing. Opposite Party has not yet entered appearance despite service of notice through registered cover, speed post and also through his counsel by the office of the learned Additional Principal Judge, Family Court, Dhanbad in terms of the order dated 10.07.2020. Matter was adjourned on 16.10.2020 to grant him one more indulgence to enter appearance.
2. Learned counsel for the petitioner submits that petitioner wife seeks transfer of Original Suit No. 907 of 2019 filed by the opposite party husband U/s 281 of the Mohammedan Law for restitution of conjugal rights, from the court of learned Additional Principal Judge, Additional Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Giridih.
3. It is submitted that petitioner has been compelled to live with her parents at Islam Nagar, Kharpoka in the district of Giridih with her two little children aged 3 and 2 years. Petitioner has also lodged a complaint case no. 2512 of 2019 for the offences under Section 323/498A/377/504/506 of the I.P.C. and Section 3/4 of the D.P. Act on 05.10.2019 besides the Original Maintenance Case No. 365 of 2019 filed on 04.11.2019, both of which are pending in concerned courts at Giridih. Both the cases have been filed prior in point of time to the instant original suit filed by the opposite party. Due to extreme poverty and no independent source of income, petitioner is finding it difficult to attend the proceedings at Dhanbad on each and every date and moreover leaving her two minor children alone. Therefore, it would serve the interest of justice if the original suit is transferred to Giridih.
4. There is no opposition to the prayer since opposite party has not entered appearance after service of notice as referred to in the opening paragraph as well.
5. I have considered the submission of learned counsel for the petitioner in the light of the material pleadings on record and the grounds taken. Having regard to the fact that opposite party husband has to attend to two cases, one criminal complaint case and other maintenance case instituted by the petitioner wife at Giridih and petitioner having no independent source of income and two minor children to attend would find it onerous and expensive to attend the proceedings at Dhanbad, it would further the interest of justice if Original Suit No. 907 of 2019 is transferred from the court of learned Additional Principal Judge, Additional Family Court, Dhanbad to the court of learned Principal Judge, Family Court, Giridih. Accordingly, it is so directed.
6. Let the record of Original Suit No. 907 of 2019 be transferred to the court of learned Principal Judge, Family Court, Giridih by the court of learned Additional Principal Judge, Additional Family Court, Dhanbad forthwith.
7. Instant transfer petition is disposed of.
(Aparesh Kumar Singh, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Civil) No. 20 of 2020 Sangita Kumari ............Petitioner Vrs.
Saroj Kumar ............. Opposite Party .......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate For the O.P. :
03 /06.11.2020 Learned counsel Mr. Vishal Kumar Tiwary appears for the petitioner through Video Conferencing.
Petitioner wife seeks transfer of Original Suit No. 575 of 2019, instituted by the opposite party husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, from the court of learned Principal Judge, Family Court Bokaro to the court of learned Principal Judge, Family Court, Ranchi Issue notice on the opposite party under registered cover with A/D as well as through speed post for which requisites etc. must be filed within two weeks.
Office to track the speed post delivery.
(Aparesh Kumar Singh, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Transfer Petition (Civil) No. 13 of 2020
Lalita Devi ............Petitioner
Vrs.
Kishore Hazam ............. Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Ms. Vani Kumari, Advocate For the O.P. :
04 /06.11.2020 Learned counsel Ms. Vani Kumari appears for the petitioner through Video Conferencing.
Petitioner wife seeks transfer of Original Suit No. 62 of 2019 instituted by the opposite party husband under Section 13(i) and 13(1) (i-a) & (iii) of the Hindu Marriage Act, from the court of learned Principal Judge, Family Court, Gumla to the court of learned Principal Judge, Family Court, Khunti.
Issue notice on the opposite party under registered cover with A/D as well as through speed post for which requisites etc. must be filed within two weeks.
Office to track the speed post delivery.
(Aparesh Kumar Singh, J.) A.Mohanty IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Review No. 95 of 2019 M/s Matchi (Mateti) Engineering and Contractor District-Singhbhum (East) ............Petitioner Vrs.
Uranium Corporation of India Limited, East Singhbhum .......... Opposite Party .......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Pratyush Kumar, Advocate For the O.P. : Mr. Sudarshan Shrivastava, Advocate 12 /06.11.2020 Learned counsel for the petitioner Pratyush Kumar and Mr. Sudarshan Shrivastava for the opposite party are present through Video Conferencing.
Learned counsel for the petitioner seeks to place reliance on certain more decisions, which, he would incorporate it in his compilation and written notes of argument and submit it well before the next date of hearing. The list of citation should also be given to learned counsel for the opposite party beforehand.
Accordingly, let the matter appear on 04.12.2020.
(Aparesh Kumar Singh, J.)
A.Mohanty
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5646 of 2020
Aftab Ansari ............Petitioner
Vrs.
The State of Jharkhand ............. Opposite Party
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : M/s Ranjan Kr. Singh, Om Prakash Singh, Advs. For the State : Mr. Prabir Chatterjee, Special P.P. 02 /06.11.2020 Learned counsel Mr. Ranjan Kumar Singh assisted by Mr. Om Prakash Singh for the petitioner and Mr. Prabir Chatterjee, learned Special P.P. representing the State are present through Video Conferencing. Learned counsel for the petitioner undertakes to remove the following surviving defects within a period of three weeks:
3. Rs.20/- wanting
4. Rs.30/- wanting 5(e). C. fee of Rs. 15/- wanting 9(i). T/C of handwritten pages of Annexure-1 may be given with duly certified to be true.
9(ii). Court fees of Rs. 10/- wanting.
Petitioner seeks protection of Section 438 of the Criminal Procedure Code in connection with Tandwa P.S. Case No. 76 of 2019 for the offence registered under Section 467,468,471,379,511, 120(B) of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Chatra.
Learned counsel for the petitioner submits that allegation in the F.I.R is of lifting of coal on forged kanta slip by trucks who had entered the Aamrapali Coal Project Area and the drivers were apprehended. Later on, on the confessional statement of one co-accused Rambriksha Saw, the name of the present petitioner transpired, though he had no connection with the lifting of coal on forged kanta slips. Petitioner is an employee in the Government office at Chatra. He was not named in the F.I.R and nothing has been recovered from his possession to show that he was behind issuance of the two fakes kanta slips for being used for lifting coal. As such, petitioner may be granted protection of anticipatory bail from unnecessary incarceration.
Learned Special P.P. has opposed the prayer. He submits that name of the petitioner has transpired from the confessional statement of the co- accused Rambriksha Saw, who was D.O. lifter in the coal project.
Having considered the submission of the parties in the light of the facts and circumstances noted above and the fact that petitioner's name has transpired on the confessional statement of a co-accused, I am inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, in the event of his surrender or arrest within in a period of 4 weeks, shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra in connection with Tandwa P.S. No. 76 of 2019, subject to the conditions that petitioner and his bailors shall not change their address and mobile number without prior permission of the Court below; petitioner shall cooperate in the investigation and other conditions as laid down u/s 438(2) Cr.P.C.
(Aparesh Kumar Singh, J.) A.Mohanty