(PER : AVINASH G. GHAROTE, J.)

1. Rule. Rule made returnable forthwith. The petitions are heard finally with the consent of the learned counsel for the parties.

2. All these petitions question the rejection of the offer of the petitioners, in the various tenders issued by the respondent No.1, for the work of "Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by manual means Quantity 5000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Truck loading by mechanical means Quantity 65000 MT, Handling and Transport on Lumpsum Basis - Handling & Transport Service, Rehandling and stacking on exigency Quantity 2000 MT". The quantities of work in the various NIT are different. The position in this regard can be depicted as under:

-

1. This is an appeal challenging the judgment and order of the Additional Sessions Judge, Nagpur in Sessions Trial No.39/2018 (State Vs. Kamlesh Dube and Others) thereby questioning the legality of judgment and order of convicting both the appellants under Section 235(2) of the Code of Criminal Procedure for the offence punishable under Section 302 2 cr.appeal.128.2022-JF.odt read with Section 34 of the Indian Penal Code, and sentencing both of them for life imprisonment alongwith fine of Rs.5000/- in default to suffer 3 months imprisonment.

2. The facts in short are as under :

On 19.09.2017, one Sumit Kamble died at about 1.46 p.m. It is alleged that appellant Kamlesh Dube and Shekhar Dube committed his murder. It is the prosecution case that both accused and the deceased were working as a driver on garbage vehicle at Kanak Resources Company. On the day of incident i.e. on 19.09.2017 at about 1.46 p.m. Sumit along with his friend Rahul and Yogiraj went to the Bhandewadi Dumping Yard by riding on the motorcycle of Sumit. At said place, the sister of informant Rahul and other women were picking the garbage. Kamlesh and Shekhar both accused also went there to unload the garbage by their garbage vehicle. Kamlesh was on driving seat whilst Shekhar was sitting beside him. Kamlesh has married with the sister of deceased Sumit. Kamlesh and sister of Sumit namely Tanu were having love affair, which was not liked by Sumit. Both of them ran away and performed marriage before 15 days. On their return, sister of Sumit was staying with Kamlesh. Because of said marriage, there was dispute between Kamlesh and Sumit. They used to quarrel with each other. On the date of occurrence, when Sumit saw Kamlesh, he went to him and there was hot exchange of words between them. At that time, Shekhar alighted from truck and assaulted Sumit with

1. These applications raise an issue of jurisdiction of this Court, primarily, and were, therefore, heard together and are decided by this common order.

Interim Application (L) No. 30893 of 2022 -

2. This is an application for amendment in the petition for grant ial-30893-2022.doc of Letters of Administration to the property and credits of Claude Lila Narayan Parulekar (the deceased) so as to include additional movable and immovable properties enumerated in the schedule annexed at Exhibit A to the application.

1. The present petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act'), by the original claimant seeking to quash and set aside the arbitral award dated 4th February 2022, passed by the sole arbitrator. FACTS

2. On 5th May 2016, a tender was published by the Divisional Railway Manager (Mechanical), Central Railway, Mumbai (for short 'Railways') towards the work of Pest and Rodent Control, in railway Diksha Rane 24. ARBP 43-23-FINAL.doc passenger coaches maintained at CSTM, WB, MZN, DRT and LDT, Coaching Depots and Rodent Control in Coaching Depots yard and premises. The petitioner participated in the tender process and on 7 th June 2016, was declared as the successful bidder. Accordingly, the contract work of the said tender was awarded to the petitioner, for an amount of Rs.1,96,32,255/-. The contract period was for three years i.e. from 30th November 2016 to 29th November 2019.

1. Revision Application is allowed.

2. The order of Competent Authority Konkan Division in case No.178 of 2023 dated 06.08.2024 is set aside.

3. The Parties be informed accordingly.

24) Thus, the Revisional Authority has relied upon Section 55 of the MRC Act for accepting the contention of the licensee that in absence of registration of the licence agreement, her version of ___Page No.19 of 33___ 12 November 2024 Megha 908_wp_14856_2024_fc.docx licence being granted for commercial use would prevail. Section 55 of the Act provides for providing for compulsory registration of tenancy agreement and consequences of non-registration. Section 55 provides as under:

Through: -

CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The short grievance projected by the petitioner, who is present person in the Court, is that he has e-mailed various complaints to the respondents with respect to outcome of the investigation, pertaining to FIR No. 114/2022, however, the same has not evoked any response till date. The petitioner submits that he will be satisfied if the concerned authorities are directed to accord consideration and dispose of the said complaints as per law and report in this respect is furnished to him.

Through: -

Ms. Sufaya, Advocate vice Mr. T. M. Shamsi, DSGI CORAM:

HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The minor petitioner was born on 5th October, 2011. The case set up by the petitioner is that at the time of his birth his uncle told his biological father that since he did not have any issue, he would adopt him and, therefore, his uncle got his name entered in the parentage column of his date of birth certificate.

11.11.2024

1. The petitioner being a consolidated worker engaged by the Municipal Committee, Handwara came to be terminated/disengaged from service with immediate effect in terms of impugned order No. MC/Hand/Estt/2022-23/32-36 dated 06.04.2023 by the Executive Officer, Municipal Committee, Handwara. This order is under challenge in the present writ petition by the petitioner.

2. In terms of an order dated 12.04.2023, this Court came to keep on hold the operation of the impugned order dated 06.04.2023, with a further interim direction unto the respondents to allow the petitioner to continue as a consolidated worker in terms of his original engagement order dated 30.12.2006.

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Accused Nos1, 2, 12 and 15 are before this Court in these three petitions under Section 438 of Cr.P.C., with a prayer to grant anticipatory bail in Crime No.98/2024 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable Sections 120B, 409, 420, 465, 467, 468 & 471 of IPC R/w 149 of IPC.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.98/2024 was registered by Seshadripuram Police Station, Bengaluru City against Smt Puttamma and others, on the basis of first information dated 04.10.2024 received from Sri Mallesh M, DYSP, attached to BDA, Bengaluru. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9338/2024, Crl.Misc.9367/2024 and Crl.Misc.No.9337/2024 before the jurisdictional Sessions Court, which was rejected on 21.10.2024. Therefore, they are before this Court.

Accused Nos1, 2, 12 and 15 are before this Court in these three petitions under Section 438 of Cr.P.C., with a prayer to grant anticipatory bail in Crime No.98/2024 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable Sections 120B, 409, 420, 465, 467, 468 & 471 of IPC R/w 149 of IPC.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.98/2024 was registered by Seshadripuram Police Station, Bengaluru City against Smt Puttamma and others, on the basis of first information dated 04.10.2024 received from Sri Mallesh M, DYSP, attached to BDA, Bengaluru. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9338/2024, Crl.Misc.9367/2024 and Crl.Misc.No.9337/2024 before the jurisdictional Sessions Court, which was rejected on 21.10.2024. Therefore, they are before this Court.

Accused No.3 in Special C.C.No.17/2024 pending on the file of learned XXXIII Additional City Civil and Sessions Judge and Special Court for NDPS, Bengaluru arising out of NCB Crime No.48/1/29/2023/BZU, registered by Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru for the for the offences punishable under Sections 8(c) read with Sections 20(b)(ii) (A), 22(c), 23(c), 27, 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), is before this Court under Section 439 of Cr.P.C. seeking regular bail.

2. Heard learned counsel for the petitioner and the learned counsel for the respondent, who has filed statement of objections.

Accused No.1 in Crime No.321/2024 registered by Jayanagara Police Station, Bengaluru City, for the offences punishable under Sections 376 & 406 r/w 34 of IPC, is before this Court under Section 439 of Cr.P.C, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.321/2024 was registered by Jayanagara Police Station, Bengaluru city, against the petitioner for the aforesaid offences on the basis of the first information dated 14.09.2024, received from Victim girl, aged about 25 years. During the course of the NC: 2024:KHC:45395 investigation of the case, the petitioner herein was arrested on 15.09.2024 and remanded to judicial custody.

Petitioners are seeking quashing of the charge-sheet filed in C.C.No.503/2023 and the order dated 08.06.2023 passed by the Court of Civil Judge and JMFC, Deodurga, taking cognizance of offences punishable under Section 171 (f) of IPC, Sections 177 and 192 (A) of IMV Act, 1988 and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

-3-

NC: 2024:KHC-K:8071

02. In brief, the charge-sheet allegations are that, petitioners being the driver and owner of an Ambulance bearing Reg.No.KA-05-AK-6853 has exhibited a photo of one Sri. Shivanagouda Nayak, a BJP candidate and the said Ambulance was parked in front of Nadagoud Hospital, Arakera.

Petitioners who were arrayed as accused Nos.2 to 6 in CC No.15405/2005 as per the order dated 05.12.2014 passed by the learned Chief Metropolitan Magistrate, Bengaluru, are NC: 2024:KHC:44458 seeking to quash the criminal proceedings initiated against them.

2. Brief facts of the case are that, respondent No.2 as complainant filed the private complaint in PCR No.3599/2004 against accused Nos.1 to 5 alleging commission of the offence punishable under Sections 420, 468, 471 and 506(2) R/w Section 34 of IPC. It is alleged by the complainant that accused No.1 was working as village accountant. He was having real- estate dealings in the name of his wife, sons, son-in-law and daughter. Accused No.1 is the brother-in-law of the complainant and he induced the complainant and his colleagues to invest in the land in Sy.No.152 of Yelahanka village. He executed General Power of Attorney in favour of his son- accused No.4. Accused Nos.1 to 4 took the complainant and his wife to the land in Yelahanka and induced the complainant to purchase a site. Accordingly, the complainant agreed to purchase the site and paid Rs.1,00,000/- to accused No.1 during May 1998. Later, the accused have shown a brochure pertaining to the land situated at Ramanagara, near Mysore road and promised to develop the same as a resort under the name of Aradhya Scientific Farms and Resorts International.

Heard the learned Senior counsel for the appellant and learned counsel for the caveator-respondent Nos.1 to 9.

2. This miscellaneous first appeal is filed praying this Court to set aside the order of status-quo granted by the Trial Court dated 05.10.2024 in O.S.No.7166/2024 passed on I.A.No.2 filed by respondent Nos.1 to 9 and grant such other relief as deems fit in the circumstances of the case.

3. The respondents/plaintiffs before the Trial Court also sought for the relief of temporary injunction restraining the defendant Nos.1, 2 and 3 from enforcing or acting upon the invocation notice dated 28.09.2024 and from taking any further action regarding transfer or encumbrance of the pledged shares of Mantri Infrastructure Pvt. Ltd. (100%), Mantri Developers Pvt. Ltd. (51%) or Agara Techzone Pvt. Ltd. (12%) or from enforcing any security under the Bond Trust Deed and Pledge Agreements, until final adjudication of the rights of the parties by the Trial Court and inter alia sought for the relief on I.A.No.2 to restrain the defendant Nos.1 to 3 from enforcing or acting upon invocation notice dated 28.09.2024. The respondents also filed applications and order is passed only on I.A.Nos.2 to 4. It is also borne out from the records that caveat was also filed and learned counsel for both the parties were heard and suit was filed before the Vacation Court and I.A.No.1 was filed under Section 11(3) of Bengaluru City Civil Court Act to take up the matter before the Vacation Court and the same was allowed.

The petitioner - accused is before this Court calling in question proceedings in Spl.C.No.1338/2024 registered for offences punishable under Sections 417, 420 and 313 of the Indian Penal Code, 1860 (the 'IPC' for short).

-3-

NC: 2024:KHC:44321

2. Heard Sri. Hemanth Kumar K., learned counsel appearing for the petitioner, Sri. R. Rangaswamy, learned HCGP appearing for respondent No.1 and Sri. K.A. Prathap, learned counsel appearing for respondent No.2.

3. Facts adumbrated are as follows:

The second respondent is the complainant, registers a complaint on 28.03.2024 for the afore quoted offences. The crux of the complaint is that the complainant and the petitioner get acquainted to each other in the year 2021, while they were working together. The narration in the complaint that the friendship blossomed into relationship and the relationship was physical as well. Further allegation in the complaint is that the petitioner had physical relationship with the complainant on the pretext of marriage or on the promise of marriage. The promise having been broken is what leads the complainant to register a complaint with the jurisdictional police for the aforesaid offences. The police after investigation filed a charge sheet and the matter is presently pending as a special case in 1338/2024 for the afore quoted offences.

4. In brief, the present appeal arises out of the dismissal of the appellant's suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

5. Learned counsel for the appellant submits that in the event the divorce suit subsequently initiated by the wife is decided, the same may prejudice the outcome of the present appeal.

6. That apart, the divorce suit was initiated by the wife subsequent to the initiation of the husband's suit for restitution of conjugal rights.

7. Accordingly, apart from the husband otherwise being entitled to an order of stay in lieu of the circumstances as indicated above, the principle of Section 10 of the Code of Civil Procedure may also be deemed to be applicable in the present case.

Petitioner is in custody for 11 months. He submits there was a romantic relationship between the parties. Victim has already been examined. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the bail prayer.

3. Inspite of notice nobody appears for the victim.

4. We have considered the deposition of the victim. Though she is a minor, she admitted there was friendly relationship between the parties. Her deposition is complete. There is little possibility of trial concluding in the near future.

Nobody appears for the petitioners.

2. Accordingly, the application for anticipatory bail is dismissed for default.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM

Learned Counsel for the petitioner submits there was an intimate relationship between two young persons. They had eloped and married voluntarily. He prays for anticipatory bail.

2. Learned Counsel for the State opposes the prayer for anticipatory bail and submits victim is a minor.

3. We have considered the materials on record. Statement of the minor supports the contention of the petitioner. Under such circumstances, we are of the opinion no worthwhile purpose would be served in committing the petitioner to custody. Accordingly, we are inclined to grant anticipatory bail to the petitioner.

FAT 191 of 2020.

Mr. Sudvasattva Banerjee Mr. Shounak Mukherjee, Mr. Shubradip Roy, Advs.

..........for the appellant/ plaintiff/decree holder in FAT 191 of 2020 and for the respondent in FAT 194 of 2020.

2

1. Heard learned Counsel for the parties. The matter arises out of a judgment on admission passed by the Trial Court and the consequential decree.

1. The present revisional application has been preferred by the petitioner against an order dated 22.04.2022 passed by the learned Judge, 5th Special Court, Kolkata, in the proceeding being Special Case No. SEBI/39/2018.

2. The petitioner's case is that the petitioner had joined in Amrit Bio Energy and Industries Limited as an executive director on 27.04.2004, for the erection and commissioning of renewal energy power project. The said Amrit Bio Energy and Industries Limited is a group of companies under Amrit Projects Ltd. a company incorporated under the provisions of the companies Act, 1956. After being satisfied with the performance of the petitioner, Kailash Chand Dujari, the Managing Director of Amrit Projects Ltd. and its group of companies had offered the petitioner to become director of several other group companies of Amrit Projects Ltd. After joining the said Amrit Group the petitioner was to look into the development and set up of a power project of 10 M.W. in the District of Bankura, West Bengal. The said project was successfully completed under the supervision of the petitioner. The said Amrit Project Limited had started a business receiving deposits from the public at large without consulting with the petitioner. The petitioner had tendered resignation and resigned from the said Amrit Projects Limited and all its group of companies in the year 2013.

1. The present revisional application has been preferred by the petitioners praying for quashing of the proceeding being GR No. 1173 of 2022 arising out of Shyampukur P.S. Case No. 85 of 2022 dated 29.09.2022, pending before the learned Additional Chief Metropolitan Magistrate at Calcutta, under Sections 354A/354B/323/506/509/188/427/34 of the Indian Penal Code.

2. The petitioners' case is that G.R. No. 1173 of 2022 arising out of Shyampukur P.S. Case No. 72 of 2022 dated 29.09.2022 was registered on the basis of a complaint lodged by one Smt. Mita Roy, wife of Shri Pradip Roy, residing at 8B, Abhoy Mitra Street Police Station-

Darogi Yadav @ Bhupati, aged about 40 years, S/o. Shri Bodhan Yadav, R/o. Vill.- Dudhania Tola, P.O.- Khaira Block, P.S.- Cherko Pathar, Dist.- Jamui, Bihar.

... ... Petitioner

-Versus -

The State of Jharkhand ... ... Opposite Party

------

CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

------

For the Petitioner : Mr. Sumit Prakash, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P.

------

02/12.11.2024 Heard the parties.

Moola Satyanarayan Reddy, aged about 49 years, s/o late Rama Reddy, r/o House No.4-150/1, Janambhumi Nagar, Mancherial, PO, PS & District- Mancheril, Telengana-504208 ... Appellant Versus

1. The State of Jharkhand

2. Superintendent of Police, Chief Investigating Officer, NIA ...... Respondents

-------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

-------

For the Appellant : Ms. Chandana Kumari, Advocate For the Respondent-NIA : Mr. Amit Kumar Das, Spl. PP Mr. Saurav Kumar, Adv.

1. Maya Kunwar, W/o Late Kamlesh Sah

2. Parwati Kunwar, W/o Late Narayan Sah

3. Lilawati Kunwar, W/o Late Sudama Sah All are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

-Versus-

1. The State of Jharkhand

2. Jitendra Singh, S/o Late Anutha Singh, R/o Jeshu Tower, Dibdih, P.O.-Doranda, Office Adress-J.K. International Public School, Agru, P.S. Ratu, District-Ranchi.

.......... Opp. Parties.

With A.B.A. No.1856 of 2024

-----

1. Krishna Kumar, S/o Late Sudama Sah

2. Kaushal Kumar, S/o Late Kamlesh Sah Both are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

For the petitioner : Mr. Vijoy Kumar Roy, Advocate For the State : Mr. Shashi Kumar Verma, A.P.P

-----

02/11.11.2024 The petitioner is apprehending his arrest for the offences punishable under Sections 147/149/353/188/307/427/ 269/270 of the Indian Penal Code, Section 3 of Jharkhand Epidemic Disease (Covid-19) Act, 2020 and Section 51 of Disaster Management Act, 2005.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, the accused persons including the petitioner by forming unlawful assembly used criminal force against public servants deterring them from discharging their official duties. They also pelted stones on the government servants being part of 'Mangala' procession. It is further submitted that the petitioner was not seen as the member of 'Mangala' procession in the CCTV footage. Despite that he has been implicated in this case with malafide motive only due to the reason that he was actively involved in 'Ramnavmi' puja. Moreover, similarly situated co-accused persons namely, Rajesh Keshri and Rakesh Keshri have already been granted anticipatory bail by a Bench of this Court vide order dated 24.08.2021 passed in A.B.A No. 5644 of 2021. Hence, the petitioner may be given the privilege of anticipatory bail.

1. Maya Kunwar, W/o Late Kamlesh Sah

2. Parwati Kunwar, W/o Late Narayan Sah

3. Lilawati Kunwar, W/o Late Sudama Sah All are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

-Versus-

1. The State of Jharkhand

2. Jitendra Singh, S/o Late Anutha Singh, R/o Jeshu Tower, Dibdih, P.O.-Doranda, Office Adress-J.K. International Public School, Agru, P.S. Ratu, District-Ranchi.

.......... Opp. Parties.

With A.B.A. No.1856 of 2024

-----

1. Krishna Kumar, S/o Late Sudama Sah

2. Kaushal Kumar, S/o Late Kamlesh Sah Both are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

For the Petitioners : Mr. Mahesh Tewary, Advocate For the State : Mr. Bishambhar Shastri, A.P.P.

-----

03/12.11.2024 The petitioners are apprehending their arrest for the offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. As per the allegation, the petitioner nos. 2 and 3 assaulted the informant's husband due to which his left leg got fractured. So far as the petitioner no. 1 is concerned, there is no specific allegation against him. The dispute between the parties arose due to a drainage. Even if the content of the written report is taken to be true, the petitioner nos. 2 and 3 had no intention to kill the informant's husband as admittedly, he sustained fracture injury on his leg. The petitioners have no criminal antecedent as has been stated in paragraph no. 13 of the present application. They also undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.

For the Petitioner : Mr. Subhneet Jha, Advocate For the State : Mr. Ajay Kumar Pathak, A.P.P

-----

04/12.11.2024 The petitioner is apprehending her arrest for the offences punishable under Sections 376/313/323/341/498-A/420/ 494/34 of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act and Section 6 of the POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the complaint leading to lodging of the present F.I.R. It has been alleged that the petitioner along with co-accused Shivnandan Sahu @ Shivandan Sahu (father- in-law) and Pramila Devi (mother-in-law) was involved in getting pregnancy of the informant terminated and that the main accused Sikandar Sahu performed another marriage with her. In fact, co- accused Sikandar Sahu has not performed any marriage with the petitioner. She is merely a co-villager and she has been implicated in this case by the informant due to personal grudge. Moreover, co- accused Shivnandan Sahu @ Shivandan Sahu, Pramila Devi and Surendra Sahu @ Sulendra Sahu have already been granted anticipatory bail by this Court vide order dated 10.09.2024 passed in A.B.A No. 3816/2024. The petitioner also undertakes to co-operate in the ongoing investigation. Hence, she may be given the privilege of anticipatory bail.

1. Maya Kunwar, W/o Late Kamlesh Sah

2. Parwati Kunwar, W/o Late Narayan Sah

3. Lilawati Kunwar, W/o Late Sudama Sah All are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

-Versus-

1. The State of Jharkhand

2. Jitendra Singh, S/o Late Anutha Singh, R/o Jeshu Tower, Dibdih, P.O.-Doranda, Office Adress-J.K. International Public School, Agru, P.S. Ratu, District-Ranchi.

.......... Opp. Parties.

With A.B.A. No.1856 of 2024

-----

1. Krishna Kumar, S/o Late Sudama Sah

2. Kaushal Kumar, S/o Late Kamlesh Sah Both are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

Reserved on 27.08.2024 Pronounced on 12.11.2024

1. This criminal revision petition is directed against the judgment dated 09.06.2017 passed by the learned Additional Sessions Judge 1st, Bokaro in Criminal Appeal No.13 of 2005 whereby and whereunder the learned appellate court has affirmed the conviction of the petitioner under Sections 353, 504/34 of the Indian Penal Code (hereinafter referred to as IPC) but modified the sentences awarded to the petitioner to undergo Simple Imprisonment for 06 months with fine of Rs.500/- for each offence with default sentences. Both sentences were directed to run concurrently.

2. Vide Judgment of conviction and the order of sentence dated 07.02.2005 passed by the learned Judicial Magistrate, 1st, Class, Bokaro in G.R. Case No.559 of 2003 / Trial No.15 of 2005 (arising out of Pindrajora P.S. Case No.52 of 2003 dated 05.07.2003), the petitioner along with Banamali Singh Choudhary and Ramlal Singh were convicted for offence under Sections 353, 504/34 of IPC and had sentenced them to undergo Simple Imprisonment for two years under Sections 353 and 504 of IPC for each offence and had directed that the sentences shall run concurrently. The learned trial court had acquitted the petitioner and co- accused persons from the charge under Section 448 of IPC. Arguments on behalf of the petitioner.

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