Patna Court May 2006 Judgments
Brij Kishore Prasad, Vs. the State of Bihar
Court: Patna
Decided on: May-16-2006
J.N. Bhatt, C.J.1. This is an application under Section 482 of the Code of Criminal Procedure. 1973 (In short 'the Code'), by which the petitioners have made a prayer for quashment of the order dated 24.11.2005 of Sub Divisional Judicial Magistrate, Nalanda, passed in Complaint Case No. 161(C)/2004, corresponding to Bihar P.S. Case No. 54 of 2004 by which the learned Court below has refused to discharge the petitioners from the charges under Sections 498A, 406. and 323 read with Section 34 of the Indian Penal Code.2. The instant trial arises out of a complaint filed by the complainant-wife, Khusbu Kumari, against her husband, and the petitioners, alleging, inter alia, that she was married with Sanjay Kumar, in the year 2003, who was engaged in a partnership business with petitioners. After the marriage when the complainant came to live with her husband, she found that Braj Kishore Prasad was also living there along with his family. In course of time, the complainant gathered that her ...
Tag this Judgment!Pradeep Lal Poddar Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-16-2006
J.N. Bhatt, C.J.1. This is an application under Section 482 Of the Code of Criminal Procedure, 1973 ( In short ' the Code'), by which the petitioners have made a prayer for quashment of the order dated 09.9.2004 of Sub Divisional Judicial Magistrate, Jhanjharpur, in C.R. No. 198 of 2004 by which the learned Court below has taken cognizance of the offence under Section 498A of the Indian Penal Code.2. The instant trial arises out of a complaint filed by the complainant-wife against her husband, petitioner, and others alleging, inter alia, that she was married with petitioner in 1995 but soon after the marriage, the husband and other accused persons started making a demand of Rajdoot motorcycle from the complainant and for non-fulfilment of the demand, they tortured and assaulted the complainant and also stopped her food and ultimately, drove out from her matrimonial house.3. Learned Counsels for the parties have been heard. The Police papers and record emerging from the present case ha...
Tag this Judgment!Kishori Prasad Das and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-16-2006
J.N. Bhatt, C.J.1. In this is an application under Section 482 of the Code of Criminal Procedure, 1973 (In short 'the Code'), the challenge is against the order dated 21.4.2005 of the learned Sessions Judge, Purnea, passed in Cr. Rev. No. 431 of 2004 by which the revision petition challenging the order dated 20.11.2004, passed by the Chief Judicial magistrate, Kishanganj, by which he has taken cognizance of the offence under Section 498A of the Indian Penal Code, in Complaint Case No. 92-C/04, came to be dismissed. The petitioner has invoked the benefit of the provisions of Section 482 of the Code for getting the impugned order of the learned Sessions Judge, quashed on the ground that the order of the learned trial court issuing processes is not a final but interlocutory order.2. The instant trial arises out of a complaint filed by the complainant against her husband, and other accused persons including the petitioners. The husband is not the petitioner here. It is alleged that the co...
Tag this Judgment!Mehmood Ali Vs. State of Bihar and anr.
Court: Patna
Decided on: May-16-2006
Aftab Alam, J.1. Heard Mr. Y.V. Giri, Senior Advocate appearing for the petitioners and Mr. Parmeshwar Mehta, A.P.P. representing the State.2. The two petitioners seek quashing of the order dated 26.04.2003 passed by the Chief Judicial Magistrate, Gopalganj in Trial No. 394 of 2003 (G.C.-4 of 2003) by which on a complaint filed by the Factory Inspector, Chapra Circle, Chapra, he took cognizance of offences under Sections 7A(3) of the Factories Act and Rule 65(3) of the Bihar Factory Rules and summoned the two petitioners for facing trial.3. The petitioner in Criminal Misc. No. 34827 of 2003 is the Deputy Managing Director of M/s Sasa Musa Sugar Works Ltd. and the petitioner in Criminal Misc. No. 35971 of 2003 is the General Manager of the company. The company has a sugar factory at Sasa Musa in the district of Gopalganj. The factory is engaged in the manufacture and production of sugar and it runs for 3-4 months (the sugar season) in one calender year.4. The Factory was inspected by t...
Tag this Judgment!Asha Devi and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-16-2006
J.N. Bhatt, C.J.1. This is an application under Section 482 of the Code of Criminal Procedure. 1973 (In short 'the Code'), by which the petitioners have made a prayer for quashment of the order dated 21.3.2005 of Sub Divisional Judicial Magistrate, Barh, (sic) passed in Complaint Case No. 184/2005 by which the learned Court below has taken cognizance of the offence under Sections 323, 341, 498A of the Indian Penal Code, and Sections 3/4 of the Dowry Prohibition Act against the petitioners. The petitioners have also prayed for quashing of the entire criminal prosecution against the petitioners.2. The instant trial arises out of a complaint filed by the complainant-wife against her husband, Nunulal Paswan (petitioner No. 10) and nine others alleging, inter alia, that she was married with petitioner No. 10 in 1996 but soon after the marriage, the husband and other accused persons started the complainant torturing and giving threat to kill, leading to filing a complaint by the complainant...
Tag this Judgment!Md. Gazi and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-16-2006
Sadanand Mukherjee, J.1. This is an application under Section 432 of the Code of Criminal procedure (hereinafter to be referred to as 'Cr.P.C. ') for quashing the order dated 22.03.2004 passed by the learned Judicial Magistrate, Bettiah in Complaint Case No. 1439C of 2003 whereby and whereunder the learned Magistrate took cognizance of offence against the petitioners under Sections 376, 120(B) of the Indian Penal Code as also for quashing the entire criminal prosecution.2. A complaint case was lodged by one Aalo Devi against the petitioners in which it has been alleged that when she went for natural call in the field with her mother-in-law, the accused persons accosted her, one Raju Das (petitioner No. 4) pushed her, as a result of which she fell down and thereafter accused Ahmad Ali (Petitioner No. 2) and Dashrath Das (petitioner No. 3) caught hold of the hands and legs of the complainant. Md. Ahmad Ali also slapped the complainant and Md. Gazi (petitioner No. 1) committed rape upon ...
Tag this Judgment!Abdul Aziz Vs. State of Bihar
Court: Patna
Decided on: May-15-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 10.8.2004 passed by the Chief judicial Magistrate, West Champaran at Bettiah in Majhaulia P.S. Case No. 167/2004 by Which he has taken cognizance of the offence under Sections 392 and 302/34 of the Indian panel Code against the petitioner.2. Heard.3. It appears that on the date of occurrence at about 8.45 p.m. during patrolling the informant chowkidar Ravindra Yadav learnt that a person was lying injured near village Amwa on Debaulia- Sugauli Road. He went there and saw the man injured. He disclosed his name as Surendra Singh and further informed that he was returning to Raxaul from Bettiah on Hero Honda Motor cycle, when 2-3 persons surrounded him and assaulted him with sharp weapons and fled away with his motorcycle. The injured was then taken to Bettiah Hospital where he was declared dead.4. The F.I.R. was regis...
Tag this Judgment!Pramod Malakar and Ganesh Malakar Vs. the State of Bihar and Jumman Da ...
Court: Patna
Decided on: May-15-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973. (hereinafter referred to as the Code) for quashing Munger the F.I.R. of munger S.C./S.T. P.S. Case No. 46/2004 dated 28.9.2004 registered on the written report of one Jumman Das (Oppostte Party. No. 2) against the petitioners for the offences under Sections 366A, 307 of the Indian Penal Code and Section 27 of the Arms Act and Section 3 of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the Act).2. Heard learned Counsel for the petitioners and the learned A.P.P. appearing for the State.3. Learned Counsel for the petitioners submitted that the informant is not an eye witness to the occurrence, He has lodged the F.I.R. on hearsay account of his minor daughter. There has been delay in lodging the F.I.R. No offence under Section 3 of the Act is made out in this case as the alleged insult did not take place in public view.4. The learned A...
Tag this Judgment!Karamchand Thappar and Brother (Cs) Limited Vs. Laxmi Narayan Mishra a ...
Court: Patna
Decided on: May-12-2006
Navaniti Prasad Singh, J.1. That the present revision application under Section 14(8) of the Bihar Buildings (Lease, Rent & Eviction) Control Act is against the judgment and decree passed in Title Eviction Suit No 68 of 1995 whereby defendants-petitioners have been asked to vacate the suit premises.2 The plaintiffs-opposite parties' case was that the said suit premises was purchased by their father late Ramdhani Mishra who had acquired the same through a registered sale deed dated 05.12.1988. It was the case of the plaintiffs that the tenancy was in respect of a portion of the holding on the entire groundfloor consisting of hall, room, kitchen, bath room, verandah at a monthly rent of Rs. 500/- to the defendants-petitioners. The tenancy being attorned, the tenants-petitioners stopped paying rent. After the death of their father, the plaintiffs wanted the groundfloor for starting their business to set up a shop for wholesale and retail sale of motor parts and in the rest, a restaurant ...
Tag this Judgment!Deo NaraIn Sah and ors. Vs. Chano Kumari
Court: Patna
Decided on: May-12-2006
Navaniti Prasad Singh, J.1. That the present revision application arises out of the judgment and order dated 08.02.2001 passed by Munsif II, Samastipur in Eviction Suit No 6 of 1998. The petitioners, who were tenants and defendants in the said suit, were directed to vacate the suit premises. The plaintiff had filed the suit against the defendants for a decree of eviction on the ground of personal necessity.2. Shri Sukumar Sinha, learned Senior Counsel appearing for the petitioners has principally raised only three issues while assailing the judgment. Firstly, he has submitted that it was incumbent upon the Court to decide that there was landlord-tenant relationship between the parties and moreso because this was a suit for eviction on ground of personal necessity of the landlord. This not emphatically having been done, vitiates the entire judgment and decree. Secondly, the premises in question was a shop premises but the plaintiff required it for her residence. This was not permissibl...
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