Patna Court January 2005 Judgments
In Re: MuazzIn of Mosque Near the Patna High Court
Court: Patna
Decided on: Jan-07-2005
R.S. Garg, J. 1. The Muazzin who was using the loudspeaker is present in the Court. The other members of the Intezamiya Committee are also in attendance. On being asked the Muazzin says that the loud speaker is used at 5.30 in the morning. The statement is made by him in presence of the Collector and the Senior Superintendent of Police. I am shocked to hear this. Under the Bihar Control of the Use and Play of Loud Speakers Act, 1955 and the Rules made thereunder nobody is entitled to play or use loud speakers between 10 p.m. to 6 a.m. On any day and no person has any authority to give permissible to anybody to use and play the loud speakers between 10 p.m. to 6 a.m. Be he a Pujari of a temple or a Priest of a Church or a Gyani of a Gurudwara and Muazzin of a Mosque, nobody is above law. If at 5.30 in the morning somebody uses a loudspeaker for whatever religious faith he has then he is committing an offence under the said Act. Let the Senior Superintendent of Police depute one police ...
Tag this Judgment!Ali Akbar Vs. Sanjay Kumar Rakesh and ors.
Court: Patna
Decided on: Jan-06-2005
R.S. Garg, J. 1. Heard learned counsel for the parties.2. Mr. Vijay Prakash, the then Secretary-Cum-IC (Registration) is present and he has filed the additional affidavit dated 4.1.2003. To justify issuance of letter requiring the district Magistrate not to issue the stamp vending licence Mr. Prakash has submitted that looking to the nationwide stamps scam to protect the State Government and to save the generation of stamp revenue such orders were issued by him. He however, has submitted that the orders passed by this Court have already been complied with. In paragraph 13 Mr. Vijay Prakash has relied upon Rule 3 of the Bihar Board's Miscellaneous Rules 1958. The said rules reads as under:'A higher authority has all the powers of any lower authority and, further may, with or without appeal, modify or reverse any orders passed by lower authority, in a matter primarily within the competence of the lower authority, unless, by any law, the orders of the lower authority are final.'3. It is ...
Tag this Judgment!Krishna Mohan Jha Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-06-2005
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner is before this Court with a submission that the alleged break in service for the period between 16.7.1967 to 28.8.1969 be condoned and his appointment be treated to be continuous right from 3.7.1967, the reason for seeking condonation of the break in service obviously is that if the break is condoned and the petitioner is held to be in service with effect from 3.7.1967 till the date of his retirement he would complete more than 33 years of service which is required for full pension.3. The undisputed facts are that the petitioner was appointed on 3.7.1967 under the orders of the Secretary of the Bihar Legislative Assembly, his tenure was fixed for a particular period, but however, re-appointment orders were issued from time to time. It so happened that after completing the service for the period between 1.9.1968 to 1.3.1969 he was discharged from service and thereafter he was again continued under a fresh order wi...
Tag this Judgment!Sugriw Ram Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-05-2005
R.S. Garg, J. 1. Heard learned counsel for the parties.2. The petitioner a returned candidate being aggrieved by the order dated 7.2.2004 passed by Sub-Judge 2, Bagaha, District-West Champaran in Election Petition No. 23 of 2001 wherein the learned Judge had directed production of the ballot papers and recount of the same is before this Court, submitting inter alia that the order passed by the learned Court below is patently illegal and deserves to be quashed.3. The facts necessary for disposal of the present writ application are that the respondent No. 7 who was one of the contestants in the elections for the office of the Member, Zila Parishad after being declared not elected filed the election petition submitting inter alia that votes were not properly counted, he himself was declared elected and after the light went off, all of sudden with a dishonest intention the Returning Officer declared the present writ petitioner as elected candidate. It is submitted that because of the bung...
Tag this Judgment!Deo Pujan Thakur and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-05-2005
Mridula Mishra, J.1. By judgment and order dated 22.10.2001 passed by the 3rd Additional Sessions Judge, Buxar in ST No. 237 of 1993, appellants Deo Pujan Thakur and Sarabjeet Thakur of Cr. Appeal No. 576 of 2001 and Kamlesh Kumar Rai of Cr. Appeal No. 601 of 2001 have been convicted under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and have also been directed to pay a fine of Rs. 5000/- each. Appellant Kamlesh Kumar Rai has further been sentenced to undergo rigorous imprisonment of seven years under Section 27 of the Arms Act. The sentences have been directed to run concurrently.2. The prosecution case in short is that on at 6.7.1993 at about 6.30 p.m. Ram Narain Tiwary along with villager Radheshyam Tiwary and younger brothers Sheo Shanker Tiwary and Santosh Kumar Tiwary was coming from his boring situated towards east of his village. When they reached near Kali Asthan they saw Bhuwar Tiwary younger brother of Ram Narain Tiwary playing Chi...
Tag this Judgment!Arbind Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-05-2005
Mridula Mishra, J.1. The appellant has filed this criminal appeal against the judgment and order dated 21.6.2001/22.6.2001 passed by Vth Additional Sessions Judge, Begusarai in Sessions Trial No. 204 of 2000 whereby and whereunder he has been convicted under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life.2. The prosecution case in brief as given out in the fardbeyan of Rajo Singh alias Rajendra Singh before the Officer-in-Charge, Begusarai police station on 12.8.1999 at about 6a.m. in the morning is that in the night of 11.8.1999 he along with his son Vinod Kumar Singh was sleeping in the verandah of his newly constructed house after taking meal. At about 2 O' clock he woke up hearing the sound of foot steps and in the electric light saw Arbind Singh and Bhola Singh both armed with pistol coming towards him. Bhola Singh put his pistol on his chest and asked Arbind Singh to kill his son Vinod Kumar Singh. On such instigation Arbind Singh opened ...
Tag this Judgment!Chhedi Mandal and anr. Vs. the State of Bihar
Court: Patna
Decided on: Jan-05-2005
Manohar Lal Visa, J. 1. This appeal is against the judgment dated 8.12.2000 and order dated 21.12.2000 passed by the 3rd Additional District & Sessions Judge, Bhagalpur, in Sessions Trial No. 618 of 1998 convicting and sentencing both the appellants to undergo imprisonment for life under Section 364 of the Indian Penal Code.2. Briefly stated, case of prosecution is that on 13.12.1996 at about 4.30 p.m. both the appellants along with co-accused Satna Mandal came to the house of informant Radha Devi (PW 4) where informant was with her mother Kusma Devi, her elder sister Madho Devi (PW 5) and her brother Shankar Mandal (not examined). Appellants and Satna Mandal caught hold of mother of informant and started assaulting her and took her to the bank of Ganga river where they put her on the boat of Satna Mandal and took her on the other bank of river. Informant, her brother and sister tried to rescue their mother but appellants and Satna Mandal pushed them and assaulting their mother took h...
Tag this Judgment!Mantosh Kumar @ Mangal Rai Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-05-2005
M.L. Visa, J. 1. Learned counsel of petitioner is present but no body appears on behalf of opposite party No. 2 although notice was issued to opposite party No. 2 which was properly served and, thereafter, vakalatnama was filed on behalf of opposite party No. 2 and on 29.11.2004, learned counsel of opposite party No. 2 had appeared and prayed for two weeks' time for filing counter affidavit which was allowed but, thereafter, on 20.12.2004 and 03.01.2005, neither opposite party No. 2 nor his counsel appeared and today also position is the same.2. This application by petitioner has been filed for cancellation of bail of opposite party No. 2 granted by this Court on 02.07.2004 in Cr. Misc. No. 10657 of 2004.3. Case of petitioner is that he is the informant of Begusarai Mufassil Police Station Case No. 369 of 2000 lodged under Sections 302, 307/34 of Indian Penal Code and Section 27 of Arms Act in which allegation against opposite party No. 2 and two others has been made for firing on pet...
Tag this Judgment!Ramesh Kr. Patel and ors. Vs. State and ors.
Court: Patna
Decided on: Jan-04-2005
V.N. Sinha, J.1. Since similar questions are involved in both the writ applications, they are being heard together and disposed of by a common order.2.. Petitioners in CWJC No. 7388/1999 have filed this writ application to a direction to the respondent authorities to permit them to join their duties as driver in the Saharsa Collectorate pursuant to their appointment contained in order bearing memo No. 126-2 dated 20.2.1999 issued under the order of Collector, Saharsa, Annexure-3. They contend that other daily wagers who served the Collectorate either at Saharsa or at some other place as driver had approached Ranchi Bench of this Court in CWJC No. 3865/1995 (R) for a direction to the respondent authorities to consider their case for regularisation. This Court disposed of the said writ application with a direction to the State Government to take steps for filling up the post of drivers within a period of six months. In compliance of the order of this Court in the said writ case. State ...
Tag this Judgment!Dinesh Kapar Vs. State of Bihar
Court: Patna
Decided on: Jan-03-2005
I.P. Singh, J. 1. This appeal has been filed from jail.2. The appellant has been convicted under Section 23 of the Narcotic Drugs and Psychotrophic Substances Act, 1995 (in short 'the Act') and sentenced to undergo RI for 12 years with a fine of rupees one lakh twenty five thousand. In default of payment of fine, appellant has been further directed to undergo RI for three years.3. The prosecution case in short is that acting on a tip off, the Customs Officials headed by Sri B.K. Srivastava, Custom Inspector raided the 'Sadbhawana Express' at Raxaul Railways Station. While search was being conducted by the Customs Officials, two passengers, namely, Bhutan Chaudhary and the appellant Dinesh Kapar started fleeing away from the place of occurrence who were apprehended after chase. They also disclosed the name of co-accused Raju Kurmi who was also arrested later .on. On search from the person of the appellant two kilograms of charas was recovered and seized. The complaint case was filed by...
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