Jharkhand High Court Directs CBI Investigation Into Rs. 727.67 Crore Loss To CMPFO From DHFL Investment

The Jharkhand HC has directed the CBI to register an FIR and investigate the investment of Coal Mines Provident Fund Organisation (CMPFO) funds in Dewan Housing Finance Corporation Limited (DHFL), which resulted in a loss of approximately Rs. 727.67 crores.A Division Bench of Chief Justice M.S. Sonak and Justice Manoj Prasad was hearing a PIL concerning the alleged loss suffered by CMPFO...

Jharkhand High Court Questions Continued Detention Of Bangladeshi National After Sentence Completion, Directs Repatriation

The Jharkhand HC has questioned the continued detention of a Bangladeshi national who had already completed his sentence under the Foreigners Act, observing that keeping him in jail in the name of completing the repatriation procedure would burden the State, society and the entire country.A Single Judge Bench of Justice Sanjay Prasad was hearing an appeal filed by Md. Najmul Hawaldar @...

Preliminary Order Under Section 133 CrPC Is Sine Qua Non For Proceedings Seeking Removal Of Public Nuisance: Jharkhand High Court

The Jharkhand HC has held that a preliminary order as contemplated under Section 133 of the Code of Criminal Procedure is a sine qua non for proceedings seeking removal of a public nuisance, and that where the person against whom such order is made appears and shows cause, the Magistrate must provide an opportunity to adduce evidence in accordance with Section 138 CrPC.A Single Judge Bench...

Mother's Non-Appearance In Guardianship Case No Ground To Modify Interim Custody Order: Jharkhand High Court

The Jharkhand HC has held that the alleged non-appearance of a party in a pending guardianship proceeding cannot be made a ground for seeking clarification or modification of an earlier order under Section 151 CPC, as it is for the concerned trial court to deal with the non-appearance in accordance with law.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing...

POCSO Act Requires Only Greater Punishment Where Same Offence Attracts POCSO & IPC Charges: Jharkhand High Court

The Jharkhand HC has held that where an accused is convicted under both Section 4 of the POCSO Act and Section 376(2)(f) of the IPC for the same offence, Section 42 of the POCSO Act requires the Court to impose the greater punishment and does not permit separate sentences for both offences to run consecutively.A Division Bench of Justice Ananda Sen and Justice Pradeep Kumar Srivastava was...

Inquiries Pending For Over A Decade Despite 3-Month Timeline: Jharkhand High Court Directs ACB, Vigilance Dept To Adhere To Time Limits

The Jharkhand HC has held that prolonged and unexplained delay in concluding preliminary inquiries into corruption allegations can infringe the right to speedy justice under Article 21, and issued time-bound directions to the Anti-Corruption Bureau (ACB) and competent authorities for dealing with such inquiries.A Division Bench of Chief Justice M.S. Sonak and Justice Manoj Prasad was hearing...

Jharkhand High Court Issues Contempt Notice Over Delay In Installing CCTV Cameras In Police Stations

The Jharkhand HC has held that repeated delays by the State in complying with directions to install CCTV cameras in police stations, despite judicial orders issued from time to time, prima facie indicate a “systematic effort to delay, if not outright disobedience”.A Division Bench of Chief Justice M.S. Sonak and Justice Manoj Prasad was considering the issue of installation of CCTV cameras...

Mere Non-Filing Of FIR Cannot Discredit Wife's Testimony Of Cruelty In Matrimonial Dispute: Jharkhand High Court

The Jharkhand HC has held that in a matrimonial dispute, the mere fact that a wife did not lodge a formal First Information Report cannot, by itself, be a ground to disbelieve her testimony regarding cruelty and assault by her husband.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad was hearing an appeal under Section 19(1) of the Family Courts Act, 1984 against...

Allegations Of “Jhaad-Phoonk” Cannot Attract Section 307 IPC Without Intention To Cause Death: Jharkhand High Court

The Jharkhand HC has held that a conviction under Section 307 IPC cannot be sustained in the absence of the necessary ingredients of the offence, including the requisite intention or circumstances indicating an attempt to commit culpable homicide amounting to murder.A Single Judge Bench of Justice Rajesh Kumar was hearing an appeal against the judgment of conviction dated 15.06.2023 and order...

PMLA Amount Need Not Have 'Arithmetical Correspondence' With Predicate Offence: Jharkhand High Court Dismisses Ex-CM Madhu Koda's Plea

The Jharkhand HC has held that there need not be an “arithmetical correspondence” between the amount quantified in proceedings relating to the scheduled offence and the value of property alleged to constitute proceeds of crime under the Prevention of Money Laundering Act, 2002 (PMLA).A Single Judge Bench of Justice Sujit Narayan Prasad was hearing a petition filed by former Jharkhand...

Juvenile Cannot Be Denied Bail On Mere Apprehension Of Association With Criminals: Jharkhand High Court

The Jharkhand High Court has held that bail to a juvenile in conflict with law is the rule under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and cannot be denied on a mere apprehension that the juvenile may come into contact with known criminals unless there is material supporting such a conclusion.A Single Judge Bench of Justice Sanjay Kumar Dwivedi...

Jharkhand High Court Extends Stay On Termination Of Employees Appointed Through Cancelled JPSC, JSSC Exams

As per PTI, the Jharkhand High Court on Wednesday extended the stay on termination of government employees whose appointments were affected by the cancellation of certain examinations conducted by the Jharkhand Public Service Commission (JPSC) and Jharkhand Staff Selection Commission (JSSC).Justice Deepak Roshan was hearing a series of petitions filed by employees challenging the...