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For Petitioner(s) : Mr. Ashindra Gautam For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/11/2024

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No.179/2024, registered at the Police Station Mantown, District Sawai Madhopur for the offences punishable under Sections 365, 382, 336, 379, 323 & 143 of IPC.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this matter. Counsel further submits that co-accused namely; Abhishek S/o Hira Lal has already been enlarged on bail by this Court on 24.10.2024. Counsel further submits that the accused-petitioner is in custody since long time. He is no more required for any kind of interrogation or recovery, therefore, the petitioner may be released on bail.

By way of this order, I intend to dispose off aforesaid-captioned appeals. These appeals involve similar question of law in the background of identical set of facts.

1 of 9 Neutral Citation No:=2024:PHHC:145543 other connected cases

2. For brevity, the facts are being culled out from from FAO No.1112 of 1988.

3. Instant appeal is directed against judgment dated 26th of August, 2022 passed by Sub Judge, 1st Class, Phagwara exercising powers as ESI Court under ESI Act, 1948 whereby the petition filed under Section 75-78 of the ESI Act, 1948 by the respondent has been allowed.

4. Recovery certificate under Section 45-A was issued and attachment proceedings were initiated against the respondent through Assistant Collector 2nd Grade, Phagwara for recovery of Rs.6690-95 paise. Respondent challenged the demand before ESI Court. It was claimed that the demand raised by the ESI Corporation was based on adhoc assessment without any survey. The demand has been raised w.r.t. 132 KV Sub Station, Phagwara. The same does not fall within the purview of ESI Act as the strength of the staff is only three in number. The staff employed for maintenance like Mali, Sweeper at the Sub Station are on the roles of XEN D/S and not on the roles of KV Sub Station. It was thus claimed that the respondent was not liable to pay any amount towards ESI contribution.

1. The instant petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short 'the Code') seeking quashing of FIR No. 258 dated 20.11.2013 20.11.2013, registered under Sections 307, 115, 120-B B of IPC and Section 25 of the Arms Act, 1959 at Police Station Division No. 7, Jalandhar, chargesheet/final report under Section 173 of the Code, the order dated 13.01.2015, whereby the petitioners were ddeclared eclared as proclaimed offenders as well as all the subsequent proceedings having emanated ed therefrom.

2. Adumbrated facts as emanating from the record are that the aforementioned FIR was registered on the basis of the statement recorded by respondent No. 2/complainant 2/complainant Karanveer Singh on 20.11.2013 alleging that on the same day, he along with his partner Maninder Singh was present in his office situated at Urban Estate, Phase-2, Phase 2, Jalandhar, when at about 03:30 PM, 1 of 15 Neutral Citation No:=2024:PHHC:144868 CRM-M-12293 12293-2015 (O&M) -2- two youths having muffled faces entered inside his office, whereas two persons remained outside the gate and stairs of his offic office. The youths, who had barged into his office, were armed with pistols and when the complainant complain asked them about the reason for their coming there,, they opened fire with their pistols upon him with intent to kill him. The complainant, however, managed to save ave himself by by throwing a chair towards them and the bullets so fired hit on the side of his cabin after piercing through the chair and then hit the roof. On raising alarm, alarm, all of them fled away from the spot. The complainant disclosed that he identified one one of them as Parshotam Kumar, resident of Bijnor. He also alleged that said Parshotam Kumar was having enmity with his brother Vikramjit Singh, who was residing in Norway and was going to get permanent residency. Harminder Harminder Singh, father of the complainant, complainant recorded his statement under Section 161 of the Code disclosing that he was proceeding towards the office of his son, when two car cars were noticed while going from the side of the office. One of those cars cars,, which was Indica make, was driven by accused Parshotam Parshotam Kumar and three persons were sitting therein. He also disclosed that in the second car, which was Tata 207 make, Pawan Kumar @ Pawan and Kulwinder Singh @ Kaka were sitting and he already knew them. The statements of Vikramjit Singh, who was also present pre in India at that time, and other material witnesses were also recorded.

, made by the Circle Officer, Baheri, affected families, including the petitioners have though been paid some amount of compensation, however, the same is not in consonance with the guidelines issues by the Principal Patna High Court CWJC No.3081 of 2018 dt.12-11-2024 Secretary, Disaster Management Department, Government of Bihar, Patna, contained in letter dated 26.05.2015, relevant portion whereof is reproduced hereinbelow:-

6. Lastly, it is submitted by the learned counsel Patna High Court CWJC No.3081 of 2018 dt.12-11-2024 appearing for the petitioners that the petitioners are entitled to get compensation @ of Rs. 95,100/- each, in view of the aforesaid guidelines issued by the Disaster Management Department, Government of Bihar, Patna and in light of the report submitted by the Revenue Karmchari dated 12.04.2016.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 48 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Konark P.S. Case No.118 of 2021, corresponding to G.R. Case No.506 of 2021, pending in the court of learned J.M.F.C., Konark, for alleged commission of offences punishable under Sections 341, 294, 323, 325, 506, 34 of I.P.C.

1. Petitioner/defendant challenged herein order no. 91 dated 12.02.2020 passed by learned Civil Judge, (Junior Division), 2nd court Ranaghat, Nadia in Title Suit No. 78 of 2010. By the order impugned learned court below accepted local investigation Commission report provisionally and fixed the next date for hearing argument of the suit.

2. The brief background of the present case is that one Kumar Krishan Mondal since deceased, father of the petitioner and the original opposite party no. 1 (predecessor of present opposite parties) was the absolute owner of the land measuring about 8.25 decimal in plot no. 452 by way of deed of conveyance dated 24th August, 1955. The said opposite party no. 1, since deceased purchased 5 decimal of the land of the suit property out of said 8.25 decimal of the land from his father aforesaid Kumar Krishna Mondal by a registered deed dated 10.07.1969. Thereafter the said Kumar Krishna died intestate leaving behind legal heirs i.e. the plaintiff/opposite party no.1 herein, defendant/petitioner herein and another son Bimal Mondal and his widow and two daughters who jointly inherited the remaining 3.25 decimal of land of their father in the suit plot.

1. Mithlesh Mandal @ Mithlesh Kumar Mandal, S/o of Ganpat Mandal

2. Jitendra Mandal, S/o Bajo Mandal

3. Sandeep Kumar, S/o Dhalo Mandal All residents of Panchayat Dasdih, Block Gandey, Village Margodh, P.S. Gandey, District Giridih.

.......... Petitioners.

-Versus-

The State of Jharkhand .......... Opp. Party.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. Rahul Dev, Advocate For the State : Mr. Sanjay Kr. Srivastava, APP

Days after tendering his resignation from the post of Chief Minister, AAP Supremo Arvind Kejriwal addressed 'Janta ki Adalat' in Delhi.

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