Jharkhand High Court Annual Roundup 2023 [Citations 1 - 88]

NOMINAL INDEX The State of Jharkhand & Ors. Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen held, “In that view of the matter, we are of the opinion that the suspension of internet services for the said periods by the State Government cannot be found fault with, however, the respondents should have notified the orders suspending the internet services in their web site at appropriate time as per the directions given by the Hon'ble Supreme Court in the case of Anuradha Bhasin versus Union of India reported in 3 SCC 637.” Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court Case Title: Adhunik Power and Natural Resources Limited and Other vs The State of Jharkhand and Another LL Citation: 2023 LiveLaw 47 While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code. Criminality Cannot Be Fastened In Every Case For Mere Breach Of Contract: Jharkhand High Court Case Title: Adhunik Power and Natural Resources Limited and Other vs The State of Jharkhand and Another LL Citation: 2023 LiveLaw 49 While observing that not every dispute should culminate in criminal charges, especially when the underlying issue is fundamentally civil in nature, such as a breach of contract, the Jharkhand High Court quashed criminal proceedings against a petitioner in a case that involved allegations under Sections 406, 420, 379, and 120B of the Indian Penal Code Justice Sanjay Kumar Dwivedi observed, “On the intervention of this Court, the appointment has been again offered to the complainant by the company, as has been discussed hereinabove, which suggests that opposite party no.2 is unnecessarily dragging this matter and if any case is made out against the petitioners i.e. Justice Sujit Narayan Prasad, while placing reliance on the Apex Court's judgement in the case of State of Madhya Pradesh v. Uday Singh reported in 12 SCC 733, reiterated “This Court after applying the said principle herein which is para materia to the confiscation proceeding as available under the Indian Forest Act wherein also apart from the criminal prosecution the power of dealing with the lisecne is also vested as would appear from the provision of Section 52 of the Indian Forest Act.” Police Must Enquire Into Matter Before Registering FIR Against Public Servant Accused Of Offence Committed In Discharge Of Official Duty: Jharkhand HC Case Title: Subodh Bara Babu @ Subodh Kumar Yadav vs The State of Jharkhand and Anr LL Citation: 2023 LiveLaw 71 In a recent ruling, the Jharkhand High Court emphasized the duty of police officers to conduct thorough inquiries before registering First Information Reports against public servants accused of offenses committed during the discharge of their official duties. Justice Sanjay Kumar Dwivedi observed, “Looking into the pendency of two partition suits filed by one of the co-sharer of the property, in which, the petitioners and the complainant are also parties in those partition suits, it appears that for civil wrong, criminal proceeding has been initiated against the petitioners.” Locker Renting Agreement Can't Be Equated With 'Bailment' Between Hirer and Bank: Jharkhand High Court Case Title: Mahesh Minz & Ors vs The State of Jharkhand & Anr LL Citation: 2023 LiveLaw 86 The Jharkhand High Court has ruled that renting a locker at a bank does not establish a bailment relationship between the locker hirer and the bank.