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Patna Court March 2004 Judgments

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Mar 03 2004

Dr. Animesh Gupta and ors. Vs. State of Bihar and anr.

Court: Patna

Decided on: Mar-03-2004

Mridula Mishra, J.1. The petitioners, six in number have challenged the order of cognizance dated 22.7.2002 passed in complaint case No. 1088(C) of 2002 Tr. No. 1694 of 2002. By this order cognizance has been taken against the petitioners under Sections 323, 498A and 34 of the Indian Penal Code.2. The order has been challenged by the petitioners only on the ground that the Judicial Magistrate, 1st Class, Patna, has got no jurisdiction to take cognizance in this case as from the complaint petition itself it is apparent that no part of offences have been committed at Patna and the complainant as well as the accused persons are also not residing at Patna. The cognizance is bad under Section 177 of the Code of Criminal Procedure.3. Under Section 177 of the Code of Criminal Procedure every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. In the background of Section 177 of the Code of Criminal Procedure, the facts of the case ...


Mar 01 2004

Sri Kameshwar Thakur Vs. State of Bihar and ors.

Court: Patna

Decided on: Mar-01-2004

Chandramauli Kr. Prasad, J.1. This application has been filed for quashing the order dated 14.7.1998, (Annexure-4) whereby petitioner has been found to be not eligible for grant of licence as document writer as also the order dated 28.7.2000, (Annexure- 8) whereby the appeal preferred against the aforesaid order has been dismissed. His further prayer is to quash the notice dated 21.1.1999, (Annexure-7) permitting only the document writer having the licence to function and the order dated 8.11.1987, by which the licence granted to him earlier has been cancelled.2. Short facts giving rise to the present application are that the petitioner was granted the Deed Writer Licence No. 17 of 1985 for the office of the Sub Registrar at Pupri in terms of paragraph 250 of instructions and orders of Registration Department. Petitioner has been working as document writer since the year 1969 in the said office. Later on the said licence granted to the petitioner was cancelled in pursuance of the orde...


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