"Mahayoddha Rama"; Director: Rohit Vaid; Voices of: Gulshan Grover, Jimmy Sheirgill, Sameera Reddy, Raza Murad, Kunal Kapoor, Mukesh Rishi and Vikram Gokhale.

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2. Naturally, filing of the writ application has been found to be defective being inconsistent with the filing procedure prescribed under the High Court Rules, on many counts.

3. The petitioner is a Primary Agriculture Cooperative Society (PACS) registered under the Bihar Cooperative Societies Act, 1935 and is, therefore, a body corporate. The PACS has been given licence to run a fair price shop. There is no averment in the writ application as to when such licence was granted to the PACS, though it is stated in paragraph-5 of the application that for last one decade various similar cooperative societies of the State are successfully conducting the business of fair price shops in addition to discharge of their other duties including procurement of food grains under the procurement schemes of the Government.

24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions:

1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. "

24. "Considering foregoing discussion, we are of the opinion that the Application will have to be partly allowed in order to protect Environment and ecology, as well as the Forests area. Consequently, we partly allow the Application and give following directions:

1. The interim orders given by Hon'ble High Court of Bombay, Nagpur Bench, on 30/4/2004 referred in para-9 above shall continue to operate, as the state government has not submitted the necessary data and reports on the present status of forest and an updated action plan to increase the forest cover in the state to the desired level and also, comprehensive statement of the compliance of various directions of Apex court and High Court, issued in this regard. The Tribunal is required to continue the interim orders on Pre-cautionary Principle basis in the absence of above information and Tribunal is willing to reconsider the position if the state government approaches the Tribunal with necessary data, reports and action plan. The said interim orders shall be part of this final order. "

For State : Mr. S.K. Mahala, PP. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Petitioner has filed this bail application under Section 439 of Cr.P.C.

3. F.I.R. No.242/2014 was registered at Police Station Thanagazi Alwar for offence under Sections 457, 380 of I.P.C.

4. It is contended by counsel for the petitioner that similarly situated co-accused has been enlarged on bail. Petitioner is in custody for last one and a half years. Criminal antecedents pointed out against the petitioner are prior to the year 2014.

1. The matters have been referred in view of conflicting decisions in Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. and Ors. 1, Delhi Cloth & General Mills Co. Ltd. v. Union of India and Ors. 2, T. Velayudhan Achari and Anr. v. Union of India and Ors. 3, and Union of India and Anr. v. Delhi High Court Bar Association and Ors. 4. The question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of the Seventh Schedule of the Constitution of India, consequentially power of the Parliament to legislate. The moot question is the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) to the co­operative banks.

W.P.(C) 3062/2020

1. The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking a direction to the respondents to a mandate that the travellers of Delhi Metro Rail should provide proof of their identities and addresses while purchasing Metro cards from Delhi Metro Rail Corporation.

W.P.(C) 3062/2020 Page 1 of 2

4. Petitioners, who appear in person, state that Delhi Metro Rail Corporation issues digital Metro cards or tokens (digital monies) to its customers, who in turn use it as travel coupons. They state that linking of Metro card and token with the address proof of the travellers would protect the right to property, in the event, the Metro card or token is lost. They further state that in the wake of ongoing COVID-19 pandemic, it is of utmost importance that the respondents should be aware about the details of the passengers travelling by Delhi Metro as it would help in preventing a patient from travelling and would also help in tracing the affected travellers in case a patient had unwillingly travelled in Delhi Metro.

1 Learned A.P.P, on instructions, states that the statement of the victim girl has been recorded on 6 th May 2020 and that the police intend to register a C.R pursuant to the said statement. Statement accepted. 2 Stand over to 12th June 2020.

REVATI MOHITE DERE, J.

SQ Pathan 1/1

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:45 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

PER COURT :

1. Heard learned advocate for the applicants, learned Additional Public Prosecutor, as well as learned advocate Mr. S. S. Ladda who is intervening and appearing for the original informant.

2. It will not be out of place to mention here that, this Court by order dated 15-04-2020 has directed that no coercive action shall be taken against the applicants for a period of three weeks or till such time the State Government withdraws the lockdown in its entirety, whichever is earlier. Now the lockdown has not yet ended and, therefore, the learned advocate for the applicants seeks extension of the said order. The applications have been mainly objected by the learned advocate for the informant who submits that, the wives of the present applicants had approached this Court also for pre-arrest bail and it was not granted. Then they had approached Hon'ble Supreme Court on 05-02-2020. The said application was rejected and the petitioners therein were directed to surrender within a period of three months. The learned advocate for informant had ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:52:40 ::: 3 ABA369-2020 with 370-2020 submitted that, till today there is no compliance of the said order by those petitioners. In fact, the role of those petitioners is lesser than the present applicants yet the protection is granted to the applicants, and now by taking disadvantage of the said order, the applicants are trying to tamper with the evidence of the prosecution as well as trying to drive the informant is under fear.

2. The present respondents have filed First Appeal No.1909 of 2019 challenging the Judgment and award in land acquisition proceedings i.e. Land Acquisition Reference No.122 of 2011, decided by learned Joint Civil Judge, Senior Division, Omerga on 02-08- 2014. The appeal is admitted and it is pending before this Court for its turn for final hearing. They have also filed an application for stay ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:30 ::: 3 CriApln 90-2020 to the execution of the award and a conditional order was passed by this Court. The appellant therein were directed to deposit the entire decreetal amount awarded by the Reference Court along with interest accrued within six weeks from the date of the order i.e. 22- 06-2018. After the amount was deposited by the appellants therein, the present applicants had filed Application No.7291 of 2019 for withdrawal of the amount. After hearing the parties, this Court passed following order : -

(ii) The applicants to deposit the fine amount in the trial Court within eight weeks from today;

SQ Pathan 2/3 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:59 ::: LD.VC.OCR.25.20.doc (iii) The applicants shall report to the trial Court once in six

months, till the aforesaid appeal is finally heard and decided. 6 The Interim Application is accordingly disposed of. 7 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary.

(ii) The applicant shall attend the concerned Police Station as and when called;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

SQ Pathan 3/4 ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 06:03:51 ::: Apeal.196.20.doc 8 Stand over to 3rd July 2020. 9 All concerned to act on the copy of this order, digitally signed

1 By the aforesaid interim application and criminal application, the applicant/petitioner, who appears in-person has made several grievances as against the Investigating officer-ACP Ms. Asmita Bhosale, amongst other grievances. In an earlier petition filed by the petitioner i.e. Writ Petition No. 1135/2019, this Court having considered the allegations and counter allegations levelled by the petitioner therein i.e. Sheetal Shah, was of the view that the interest of justice would be served if the petition i.e. Writ Petition No. 1135/2019 is treated as representation to the Commissioner of Police and as such directed the Commissioner of Police to take cognizance of the said writ petition within four weeks from the date SQ Pathan 1/3 wp.3402.19.doc of the order. Since multiple reliefs are sought in the petition, in particular, transfer of investigation of all five FIRs registered with different police stations, this Court directed that the investigation of all the five FIRs be assigned to a responsible high ranking officer, not below the rank of A.C.P and on such officer being designated to investigate, the petitioner was directed to cooperate with the said investigation. The said order was passed on 4th June 2019 and was disposed of with the aforesaid direction. 2 The grievance of the applicant/petitioner in both the aforesaid applications is that there is a threat to her life and to her children and that the Investigating Officer Ms. Asmita Bhosale and other Officers are not investigating the matter in accordance with law. The petitioner has made several allegations of corruption as against some of the officers. According to her, the said investigation in the five FIRs is not being conducted in a fair and impartial manner.

2. The appellant is apprehending the arrest in Crime No.282 of 2019 registered with Ghargaon Police Station, Sangamner, Dist. Ahmednagar for the offence punishable under Sections 294, 504, 506 of Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the Atrocities Act. The first information report has been lodged by present respondent No.2.

3. Heard learned Advocate Mr. L. S. Mahajan for appellant, learned APP Mr. P. K. Lakhotia for respondent No.1-State and learned Advocate Mr. S. B. Ghatol Patil for respondent No.2. Perused the affidavit-in-reply along with documents.

4. It has been vehemently submitted on behalf of the appellant that the learned Special Judge failed to consider the enmity between the applicant and the informant. A complaint application has been filed by the present appellant in respect of the property dispute. It was contended that there is a Big house (Wada) of the forefathers of the appellant. It is now in dilapidated condition. There was certain space behind the said Wada. When the family -2- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 ::: 2-Apeal-6-2020.odt of respondent No.2 started levelling the land behind the Wada, it was objected by the appellant so also a written complaint was filed on 08-09- 2015 to the Grampanchayat. However, the Grampanchayat with some political motive had made entries in the name of the family of respondent No.2. Therefore, a complaint application was then made by him to the Collector. The informant got annoyed with the same and, in fact, application under Section 14-G of the Maharashtra Grampanchayat Act was filed by the appellant against the Sarpanch, Deputy Sarpanch and the Gram Sewak of the Grampanchayat. It was stated that all of them together had shown the open space belonging to the appellant in the name of one Maruti Karbhari Mundhe, Suresh Karbhari Mundhe and Pramod Rambhau Mundhe. It is further stated that present respondent No.2 is the near friend of said Mundhe family and by taking advantage of the caste of the informant false complaint has been lodged and those two persons from Mundhe family whose name has been taken in the application before Collector by the appellant are shown to be the eye witnesses to the incident. In fact, these two witnesses by name Mundhe were not even present when the incident had taken place. Therefore, when the FIR is filed with mala fide intention, the learned Special Judge ought not to have considered that there is bar for entertaining pre- arrest bail applications in view of Section 18-A of the Atrocities Act. -3- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:55 :::

2. The applicant has been convicted for the offence punishable under Section 395 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.10,000/- (Rs. Ten Thousand only), in default, to suffer rigorous imprisonment for one year. -1- ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 12:49:45 :::

2(i)-appln-3675-19.odt

3. Heard learned Advocate Mr. R. C. Bora holding for learned Advocate Mr. M. L. Wankhade for applicant and learned APP Mr. P. G. Borade for respondent-State.

2. Rule is made returnable forthwith with consent of ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:34:03 ::: (2) Cr.WP 1611/2016 both the parties and matter is taken for fnal hearing at the stage of admission itself.

3. Present petition has been fled by the original accused, invoking the constitutional powers of this Court under Article 227 of Constitution of India and the inherent powers under Section 482 of Code of Criminal Procedure for quashing and setting aside order passed in Criminal Revision Application No. 55 of 2015 dt. 21-09-2016 by learned Sessions Judge, Jalgaon and also to challenge the order passed below Ex.1 in Regular Criminal Case No. 573 of 2006 dt. 26-11-2014 passed by learned Chief Judicial Magistrate, Jalgaon.

2. Present appeal has been filed by original accused under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (herein after referred to as the Atrocities Act) with Section 438 of Cr.P.C. in order to challenge the order of rejection of their bail petition No.78/2020 passed by learned Additional Sessions Judge, Aurangabad (Special Court) on 17.1.2020.

3. It has been submitted on behalf of the appellants that they are apprehending arrest at the hands of M.I.D.C., Waluj Police Station in respect of Crime No.12/2020 dated 07.01.2020, on the basis of the First Information Report lodged by the respondent No.2, for the offences punishable under Section 294, 452, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(w)(i)

2. Admit. With consent of learned Advocates for the respective parties, taken up for final disposal.

3. Present appeal has been filed under Section 14(A)(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for challenging the order of rejection of bail application under Section 438 of the Code of Criminal Procedure in Criminal Misc. Application (Bail) No.46/2020 on 21.1.2020 by learned Additional Sessions Judge-3, Jalna.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:31:54 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Since arguable points are made, the appeals are admitted.

3. By consent the appeals are taken up for final disposal. ::: Uploaded on - 08/05/2020 ::: Downloaded on - 09/05/2020 11:32:00 :::

3 CriAppeal 114-2000 +1

4. Both these appeals have been filed by the original accused in Crime No.03 of 2020 dated 08-01-2020, registered with Mahur Police Station District Nanded for the offences punishable under Section 143, 147, 148, 149, 506 of Indian Penal Code and under Section 3(1)(3), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the First Information Report lodged by present respondent No.2. These appeals have been filed as per the provisions of Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

MATT HUGHES - AHEAD OF THE GAME: Sportsmail rounds up some of the hidden stories behind game. The EFL are set for a crackdown on clubs exploiting a Financial Fair Play loophole.

1. The Appellant is a generator maintaining and operating two units of coal-fired thermal generation plants. For purposes of setting up the said units, the construction work started some time in 2011. It had entered into an arrangement with the second Respondent (Discom) for supply of electricity for purposes of start-up, its need continuing the first unit having been commissioned on 11.02.2014 followed by the second unit commissioned on 02.08.2015.

2. The Appellant was a consumer for start-up power for the period 01.09.2013 to 31.05.2015. By the billing raised for supply of such electricity in terms of the Supply Agreement dated 07.01.2013, the Respondent Discom treated it as a commercial consumer on the reasoning that it would fall in the residual category, referring in this context to the tariff schedule, in absence of any separate category for start-up power consumer being specified in tariff schedule.

1. The brief facts that led to filing of the present appeal are as under:

3

In terms of guidelines issued by Ministry of Power (MoP) for determination of tariff by bidding process for procurement of power by distribution licensees, on 18.05.2009, Respondent No.3- MSEDCL issued a request for proposal for procurement of 2000 MW (+30%-20%) for a period of 25 years on long term basis. In that process, the following bidders were qualified:

i. Emco Energy Ltd. ( 200 MW @2.879 Rs/kWh) ii. Rattan India Power Ltd. (Amravati) ( 1200 MW @ 3.260 Rs/kWh) iii. Adani Power Maharashtra Ltd (1200 MW @ 3.280 Rs/kWh) iv. Rattan India Power Ltd. (Nashik) (950 MW @ 3.450 Rs/kWh v. Wardha Power Company Ltd. (675 MW @ 3.620 Rs/kWh)

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[2] Heard learned advocate for the applicant and learned APP for the respondent-State by video conferencing.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No. 11196027200074 of 2020 registered with Karelibaug Police Station, Vadodara for the offences punishable under Sections 65(A)(E), 98(2) and 81 of the Gujarat Prohibition Act.

[4] Learned advocate for the applicant appearing by video conferencing submits that the present applicant has been falsely implicated in the present offence only on the basis of statement of co- accused and the quantum of liquor is valued at Rs.12,000/- only. He further submits that the nature of allegations are such for which Page 1 of 4 Downloaded on : Fri May 08 23:13:13 IST 2020 R/CR.MA/5228/2020 ORDER custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

(Dhiraj Singh Thakur) Judge Srinagar:

18.03.2020.

"Shameem H."

SHAMEEM HAMID MIR 2020.03.24 12:43 I attest to the accuracy and integrity of this document

2. Manoj Mahato @ Manoj Kr. Mahato

3. Mantu Mahato @ Mantu Lal Mahato

4. Kirtichand Mahato @ Kiriti Bhushan Mahato

5. Nem Chand Mahato

6. Gopal Mahato --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

---

For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mr. Shiv Kumar Sharma, A.P.P.

2. Karmu Mahato @ Karmu Mahto --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

---

For the Petitioners : Mr. Suraj Singh, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P.

----

03/ 07.05.2020 Heard learned counsel for the petitioners and learned A.P.P through Video Conferencing.

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Justice S C Gupte in an order on Friday said the police administration must not obstruct or stop such vehicles.