1. This anticipatory bail application has been filed by the accused-petitioners under Section 482 B.N.S.S., in connection with F.I.R. No.359/2024, registered at the Police Station Bassi Jaipur City (East), District Jaipur City (East) for the offences punishable under Sections 189(2), 115(2), 126(2) & 352 of BNS.

2. Heard.

3. Considered.

4. On perusal of the contents of the F.I.R., it is revealed that no specific overt act has been assigned to the accused-petitioners and the accused-petitioners are both women. The alleged incident has taken place all of a sudden at an agricultural field.

5. Taking into consideration the totality of the facts and [2024:RJ-JP:46170] (2 of 2) [CRLMB-12586/2024] circumstances of the case and more particularly the fact that the accused-petitioners both are women and no specific overt act has been assigned to the accused-petitioners in the First Information Report, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to extend the benefit of anticipatory bail to the petitioners.

Connected With S.B. Civil Writ Petition No. 4282/2021

1. Rahul Choudhary Son Of Shri Devendra Singh, Aged About 24 Years, Resident Of Ajeetpatti, Magorra, Mathura U.p.

2. Suresh Kumar Gautam Son Of Shri Udal Prasad Gautam, Resident Of 90, Saroj Vihar, Balajipuram, Aurangabad, Mathura, U.P.

3. Deepak Singh Son Of Shri Gulab Singh, Resident Of Baroli Chauth, Bharatpur (Raj.)

4. Ankit Chaturvedi Son Of Shri Gyanendra Chaturvedi, Resident Of Nayabas, (Kyrakhera), Koyal, Raya, Mathura, U.P.

5. Anuj Kumar Son Of Shri Rohtash Singh, Resident Of House No. 8/62/3, New Kaushalpur, Agra, Dayalbag, U.P.

1. Case called out. No one is present on behalf of the Applicant.

2. Affidavit dated 04.11.2024 has been filed by the Respondent No.3, Central Pollution Control Board bringing on record the Joint Committee Report; the same is taken on record.

3. We find that the Bharat Coking Coal Limited (BCCL) has not been impleaded in the present proceedings as Respondent. We, accordingly direct the Bharat Coking Coal Limited (BCCL) through its Chief Managing Director (CMD) be impleaded in the array of Respondents as Respondent No.5.

4. Issue notice to the newly added Respondent No.5 in the following address, returnable within four weeks: -

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. Mr. Devesh Upreti, learned counsel for the appellant.

2. Ms. Pushpa Bhatt, learned Deputy Advocate General for the State.

3. The instant criminal appeal has been preferred by the appellant - convict against the judgment and order dated 24.10.2024 passed by the Special Judge, NDPS Act, Champawat in Special Sessions Trial No. 49 of 2019 (State Vs. Lakhwinder Singh @ Lakki) whereby appellant has been convicted for the offence punishable under Section 8/21 (b) of the NDPS Act with a sentence of one year rigorous imprisonment and fine of Rs. 20,000/- and in case of default of payment of fine, to undergo additional imprisonment of three month.

:

The Appellant filed an (offline) RTI application dated 24.03.2023 seeking the following information:

"1- क्या भारतीय बीमा कंपनी को लाइसेस दे ने पर आई आर०डी० ए०आई०द्वारा प्रमाण-पत्र/लाईतेस के ननलम्वन के ललये कोई ननश्चित ननयम व शते है ।

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2- क्या भारतीय बीमा कंपनी के आईआरडीएआई लाइसेस आवेदन में हे रफेर प्रथाओ मे ललप्त होना भी एक ननयम की शते भी प्रमाण-पत्र के ननलम्वन के सालमल है ।

3- क्या आईडीआरडीएआई द्वारा मामले की पूछताछ के ललये ककसी जांि अधिकारी / जााँय अधिकाररयो की टीम को ननयुक्त करता है । 4- क्या जांि अधिकारी को जांि ररपोटट प्रस्तुत करने के ललये ककतनी समय सीमा ननिाटररत है।

These two appeals are preferred challenging an order of the Execution Court allowing the claim of respondents 1 to 5 under Order XXI Rule 58 CPC in E.A. No.52 of 2015. Of them, C.M.A. No.460 of 2023 was filed by the purchaser in an auction sale held in E.P. No.168 of 2013, which the appellant/workman in C.M.A.No. 944 of 2023 had laid for executing an award passed under Sec.33C (2) of the Industrial Disputes Act, 1947.

1.2 Broadly the issue is that, in the said E.P. Respondents 1 to 5 have taken out an application in E.A.52 of 2015, staking a claim to about 5.43 acres in SyNo:298 of Kuniyamuthur village, and it came to be allowed by the Execution Court. This block of 5.43 acres was part of a larger extent of 37.0 acres, spread over multiple survey numbers, and it was brought to court-auction-sale and was purchased by the appellant in CMA 460 of 2023. The sale in favour of the auction-purchaser is yet to be confirmed by the Execution Court in terms of Order XXI Rule 92 CPC. The decision of the Execution Court in allowing the claim of respondents 1 to 5 over 5.43 acres implies that the Execution Court https://www.mhc.tn.gov.in/judis C.M.A.Nos.460 & 944 of 2023 may not now confirm the auction-sale as pertaining to this block of land.

11.11.2024 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Senior learned counsel for the Petitioner and learned Counsel for the State as well as learned counsel for the Informant. Perused the records.

3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419, 420, 465, 467, 468, 471, 120-B, 34 of I.P.C. and Sections 66(C), 66(D) of I.T. Act in C.T. Case No.399 of 2024 of the Court of learned S.D.J.M., Bhubaneswar arising out of Cyber Crime P.S. Case No.11 of 2024.

Heard.

2. At the instance of the petitioner No.2, the F.I.R. in connection with Bari Ramachandrapur P.S. Case No.94 of 2017 corresponding to G.R. Case No.631 of 2017 came to be registered against the petitioner No.1 for the offences punishable under Sections 498(A)/323/325/506/34 of the IPC read with Section 4 of the D.P. Act pending in the Court of learned S.D.J.M., Jajpur.

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3. The petitioner No.1 is the husband of the petitioner No.2. Their marriage was solemnized in the year 2016. Few days after their marriage, dissention arose in their family for which the petitioner No.2 lodged the F.I.R. being Bari Ramachandrapur P.S. Case No.94 of 2017 for the above alleged offences.

11.11.2024 Ms. Rasheeda Shaheen, Advocate was appearing on behalf of the contesting respondents No. 1 to 3. Learned counsel submits that the respondent No. 2-Showkat Ali Para has expired and is now representing the respondent No. 1 & 3.

Let requisite application along with death certificate for bringing on record the legal representatives of the respondent No.2-Showkat Ali Para be submitted by the legal representatives of the respondent No. 2 for the purpose of contesting the case of the petitioners.

In the meantime, an application CM 733/2024 has come to be preferred on behalf of the respondent No. 1 & 3 with respondent No. 2 being no more, as such, cannot be referred for the purpose of being an applicant seeking release of the awarded amount as awarded by the Assistant Labour Commissioner under Minimum Wages Act, 1948.

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed by the plaintiff challenging the order dated 16.07.2024 passed in M.A.No.7/2023 by the Court of the Senior Civil Judge and JMFC, Kalaghatagi1.

2. The relevant facts leading to the present writ petition are that the plaintiff instituted a suit in O.S.No.11/2023 before the Civil Judge and JMFC, Kalghatagi2 wherein the respondents herein arrayed as defendants. The reliefs sought for in the suit are extracted herein for ready reference.

"14. Prayer: That, the most respectfully and graciously prayed that, this hon'ble Court be please to pass decree in favour of plaintiff as under:-

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.

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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