Patna Court September 2004 Judgments

Sanjay Suchanti and anr. Vs. State of Bihar and anr.

Court: Patna

Mridula Mishra, J. 1. Heard learned counsel for the petitioners and the counsel for opposite party No. 2. 2. This application has been filed for quashing the order dated 6-3-2003, passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2526(C) of 2002 by which cognizance has been taken against the petitioners under Sections 406, 420/ 120B of the Indian Penal Code. 3. Opposite party No. 2 filed a petition of complaint in the Court of Chief Judicial Magistrate, Patna on 9-12-2002 alleging offence of criminal conspiracy, criminal breach of trust and cheating. 4. The case of complainant as disclosed in the complaint petition is that the accused persons were doing film distribution business at Patna in the name and style of Anjana Movies (P) Ltd. On 17-5-2000 both the accused persons came to the complainant and requested for a help stating that they are in great need of two lacs rupees immediately for film distribution business. They requested the complainant to part...

Rakesh Kumar and ors. Vs. State of Bihar and ors.

Court: Patna

S.K. Katriar, J.1. Mr. Sanjay Singh, learned Standing Counsel No. IX is present along with the Chief Secretary, Government of Bihar, Secretary, Department of Revenue and Land Reforms, Government of Bihar Patna, the District Magistrate, Chapra (Saran), D.D.C. Purnia on behalf of District Magistrate, Purnia, Additional District Magistrate, Kishanganj, on behalf of District Magistrate, Kishanganj, Block Development Officer-cum-Circle Officer, Kishanganj and Circle Officer, Marhowrah, Saran.2. A large number of writ petitions have been coming up before this Court wherein the basic issues are common. In fact, a large number of such writ petitions are today listed before me along with the present writ petition. In view of the general nature of such issues affecting administration of justice in this state in general and this Court in particular, I am dealing with those issues collectively in one of them. My observations hereinbelow are based on the cases that have been placed before me for a...

Takshila Educational Society Vs. Director of Income-tax (investigation ...

Court: Patna

R.S. Garg, J.1. 'Pursuant to warrant of authorisation issued by the Director of Income-tax (Investigation), Patna, dated April 30, 2003, search and survey operations under sections 132(1) and 133A(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act')/ were carried out on May 8, 2003, at Patna, Delhi and Pune in the business and financial concerns of Sanjiv Kumar and others. While conducting the search and survey in the premises of the petitioner, M/s. Takshila Educational Society, B-549, New Friends Colony, New Delhi, other premises were searched and certain documents were seized, therefore, the petitioner, M/s. Takshila Educational Society, has filed this writ application under article 226 of the Constitution of India challenging the actions of the respondents in issuing warrants as bad and mala fide and seeking relief for quashing the search and seizure.2. It is to be noted that the petitioner, M/s. Takshila Education Society, claims itself to be registered with the ...

Yogendra Prasad Singh and anr. Vs. State of Bihar and ors.

Court: Patna

S.N. Hussain, J.1. Heard learned counsel for the parties.2. The petitioners are aggrieved by the order dated 29.5:2002 (annexure-1), passed by the Managing Director, Magadh Central Co-operative Bank Limited, Gaya (respondent No. 3) by which the payment of salaries of the employees of the Bank have been stopped on the direction of the Registrar, Co-operative Societies, Bihar, Patna Vide its Letter No. 2078 dated 2,5.2002 (annexure-2) on the ground that the collection of the Bank has become very low.3. The contention of the learned counsel for the petitioner is that the petitioners are the permanent employees of the Bank and respondents have no right to stop the payment of their salaries and they also cannot be held to be responsible for poor recovery of loan amount and further more no proceeding has ever been initiated against them levelling any such frivolous charges, Hence, in the aforesaid circumstances, petitioners have left with no option but to move this Court, specially when the...

Manjula Kumari Vs. Dr. Sunil Kumar Jha and ors.

Court: Patna

1. Heard learned counsel for the parties. The delay in filing the appeal is condoned. The limitation petition is allowed.2. The appeal has been preferred against the judgment and order dated 9.9.2002 whereby the order of appointment of the appellant on the post of lecturer inSanskrit has been quashed and the matter was remitted to the Governing Body to passan order of appointment in accordance, with law.3. The relevant facts of the case are that in the Dr. Jagannath Mishra Sanskrit Mahavidyalaya. Paston-Navtoli, Madhubani the post of lecturer in Sanskrit was vacant. The College (Service Commission vide order dated 20.5.1999 recommended the name of the appellant in item No. 2 and the name of the respondent, Dr. Sunil Kumar Jha in item No. 1, annexure 3, to the writ petition. The Governing Body of the college appointed the appellant, whose name was in item No. 2 of the recommendation. The respondent Dr. Sunil Kumar Jha, challenged the said appointment in CWJC. No. 12853 of 1999. The sai...

Zarina Khatoon Vs. State of Bihar and ors.

Court: Patna

Reported in: I(2005)DMC854

1. This criminal miscellaneous application is directed against the order dated 18.8.2001 passed by Mr. Ram Snehi Thakur, 3rd Additional Sessions Judge, Darbhanga in Cr. Revision No. 282 of 2001, whereby and whereunder he has set aside the order dated 18.4.2001 passed by the Sub-divisional Judicial Magistrate, Biraul at Benipur in C.R. No. 85 of 2001 taking cognizance against all the accused persons under Sections 498A and 379 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.2. In short, the relevant facts are that the petitioner filed complaint before the sub-divisional Judicial Magistrate. Biraul, which has been registered as C.R. No. 85 of 2001, making 15 persons as accused. A true copy of the said complaint has been annexed as Annexure 1. In the complaint it is alleged that the complainant was married with Soti @ Chhote Naddaf (accused No. 1) according to Muslim customs, 5-6 years back. In the said marriage the father of the complainant gave sufficient gift and...

Mr. Aun Mohammad Vs. State of Bihar and ors.

Court: Patna

Narayan Roy, J.1. Heard counsel for the parties.2. The writ petitioner seeks direction upon the respondents to consider his case for promotion to the post of Chief Engineer and to pay him the consequential benefits.3. It is submitted by learned counsel for the petitioner that by now the petitioner has superannuated. It is further submitted that the petitioner was made an accused in Jasidih Police Station Case No. 21 of 1991 dated 19.03.1991 along with one Indra Narain Jha and Madhusudan Prasad Verma and till filing of this writ application, chargesheet was not submitted against the petitioner and other accused persons and in the meantime, Indra Narain Jha approached this Court for the same self relief and this Court vide order, as contained in annexure 8, in view of the law laid down by the Apex Court in Union of India v. K. V. Janakiraman, AIR 1991 SC 2010 directed the authorities to consider the case of the petitioner for promotion as mere filing of the first information report woul...

Sikandar Singh and ors. Vs. State of Bihar

Court: Patna

P. N. Yadav, J. 1. Intense fondness, allurement and infatuation for land among the people of the State particularly those belonging to peasantry class has been taking heavy toll of human lives for quite sometime. Innumerable persons lost their lives owing to land dispute and litigations arising thereafter between the deceased and their marauders. The murder of 20 year youth Upendra Singh giving rise to the instant case is one in the series of murder committed over trifling matter emanating from land dispute between the parties. 2. Shorn of unnecessary details factual matrix of the case is : There is a piece of land infront of the cattle-shed of the de-ceased-Upendra Singh. His cattle were fed over the land in question. There was dispute between the parties, over the land and title suit with respect to the same was pending. In the morning at about 9-10 a.m. on 23-12-1987, the deceased was sweeping and cleaning the said land. Just then the accused Rajeshwar Singh alias Kamta Singh happ...

Sri Nandelal Yadav Vs. the State of Bihar

Court: Patna

S.N. Hussain, J.1. Heard learned counsel for the parties.2. Initially, this writ petition was filed for the relief for regularising and making permanent services of the petitioner who has been working on the post of 'Ewazi' chowkidar of circle No. 19/3 under Wena Police Station in the district of Nalanda and also for payment of all the dues and salary accordingly.3. The case of the petitioner, in short, is that earlier one Shaukhi Gope was working as chowkidar in the said circle and he was removed from the post on 11.5.1978 and from that date itself the petitioner who is his nephew was nominated and posted as 'Ewaji' chowkidar and since then he is working on that post and has also received salary till January, 1989, which is clear from Annexures-1 and 2 which are the letters issued by the Supdt. of Police, Nalanda and Circle Officer, Rahul, respectively.4. The learned counsel for the petitioner further claimed that the Officer-in-charge of the concerned Police Station sent recommendat...

Rajib Lochan Jha Vs. the State of Bihar and ors.

Court: Patna

Navin Sinha, J.1. The prayer in the present writ application is to quash the memo of charges issued against the petitioner dated 21.6.1982 at Annexure 3. The petitioner also seeks quashing of the enquiry report dated 15.3.1983 at Annexure 12 in pursuance thereto as also to quash the consequent order dated 8.6.1985 at Annexure 15 by which the petitioner has been dismissed from service. Having preferred a re presentation/review against the order of dismissal and the same having been rejected, the prayer also is to quash the order dated 22.8.2003 at Annexure 21.2. The petitioner at the relevant time was posted as Assistant (Incharge Nazir) in Triveniganj block. An allegation was made against the petitioner of defalcation of a sum of Rs. 50,000/- combined with the charge of having violated government procedures for withdrawal and transportation of such a large amount of cash leading to loss of the same. The petitioner was taken into custody on 10.8.1981 in Supaul PS Case No. 123 of 1984 r...