Patna Court January 2007 Judgments
Anil Kumar Sinha, 'Advocate' Vs. State of Bihar and Anr.
Court: Patna
Decided on: Jan-08-2007
Abhijit Sinha, J.1. Through the instant application under Section 482 of Cr. P.C, the sole petitioner herein, a legal practitioner of Nawada District Court, has sought to invoke the inherent jurisdiction of this Court for quashing of the order dated 28-4-2006, passed by the learned Chief Judicial Magistrate, Nawada, in Nawada P.S. Case No. 190/2001 (G.R. No. 1136/2001, Tr. No. 2358), whereby he has taken cognizance of the offence under Sections 467, 468, 471, 473, 474, 420, 255, 258, 259, 260, 262 and 120B of the Indian Penal Code as also for quashing of the, entire criminal proceeding now pending before Sri S.K. Jha, Judicial Magistrate, First Class, Nawada.2. According to the prosecution case as can be derived from the written report submitted by the Treasury Officer, Nawada, he on receipt of a written information on 27-8-2001 from one Gopal Krishna Mukherji of Mohalla Malgodown, Nawada, to the effect that the Court fee stamps worth Rs. 3,144/-filed in Title Suit No. 41/97 on behalf...
Tag this Judgment!Gopal Sao and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-08-2007
S.P. Singh, J.1. Heard learned counsel for the parties By instant quashing application under Section 482 Cr.P.C. the petitioners seek modification of the order dated 26.9.06 passed by the learned session Judge in A.B.P. NO. 3668/06, arising out of Maner P.S. Case No. 175/06 under Section 39/44 of the Indian Electricity Act read with Section 379 of the Indian Penal Code.2. The prosecution case in short is that the petitioners committed theft of electrical energy caused loss of Rs. 15,000/- each to the Board. It was alleged that the petitioners were consuming one kilowatt electrical energy stealthily by tapping wire by main LT line. The petitioners, apprehending their arrest, moved the sessions Judge for anticipatory bail wherein they showed their willingness and readiness to deposit the loss suffered by the Board in instalments. In view of the willingness of the petitioners to deposit loss suffered by the Board, the learned sessions Judge allowed privilege of anticipatory bail on depos...
Tag this Judgment!Balwant Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-08-2007
Abhijit Sinha, J.1. This application under Section 482, Cr.P.C. by the petitioner herein, one of the partners of Khalsa Medical Hall, Samastipur, is directed against the order dated 8.7.2004 passed in Complaint Case No. 76(C) of 2004 by Sri Ishrat Ullah, the learned Judicial Magistrate, First Class, Patna, whereby he has token cognizance of the offences under Sections 406 and 420 of the Indian Penal Code as also Section 138 the Negotiable Instruments Act (Hereinafter referred to as the N.I. Act).2. M/s. Pfizer Limited, a private firm, manufacturing medicines (hereinafter referred to as the complainant-firm) through its authorised representative filed the aforesaid complaint case inter alia alleging that 5 cheques amounting to a total of Rs. 2,11,125.00 issued by the petitioner herein had bounced due to want of sufficient funds, in his Bank account. It is said that on a request being made by the petitioner the complainant-firm supplied medicines through transport worth Rs. 12,11,125.0...
Tag this Judgment!Pannalal Ram Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-05-2007
Ramesh Kumar Datta, J.1. Heard learned Counsel for the parties.2. The petitioner seeks quashing of the order dated 19.6.2000 (Annexure-4) of the DIG, BMP, Central Zone, Patna by which the representation of the petitioner to treat him in the category of a Scheduled Caste and accordingly, appoint him on the post of constable, has been rejected.3. The petitioner claims to be a Scheduled Caste belonging to the State of U.P. In 1998 pursuant to advertisement No. 1 of 1998 for selection and appointment on the post of constable in BMP, the petitioner applied and was found fit by the Constable Selection Committee in all the tests. The height of the petitioner is 174.5 CM yet he was not shown in the list of successful candidates, whereas, other candidates belonging to Scheduled Caste category having height of 173.5 were selected. The petitioner filed a representation before the DIG, BMP, Central Zone but the same not having been considered, he approached this Court by filing CWJC No. 7804 of 2...
Tag this Judgment!Dr. Munshi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-05-2007
S.N. Hussain, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State learned Counsel for the Secretary, Homoepathy Central Council. New Delhi (respondent No. 5), learned Counsel for the Returning Officer, Central Council of Homoeopathy Election (respondent No. 6) and learned Counsel for the Registrar, Bihar State Homoepathic Medicine Board (respondent No. 7)2. This writ petition is being heard and finally disposed of at this stage itself at the instance of the parties.3. The petitioner is aggrieved by the notification of the Principal-cum-Returning Officer regarding election notice published in Dainik Jagaran, a daily news-paper dated 07.11.2006, by which the election schedule has been published for holding e-ection of 03(three) members for the Central Council of Homoeopathy for Bihar and Jharkhand.4. The election in question is with respect to the members of the Central Council of Homoeopathy, New Delhi and has to be governed by the Homoeopathy Central Council (...
Tag this Judgment!Radhey Shyam Sharma Vs. State of Bihar
Court: Patna
Decided on: Jan-05-2007
Abhijit Sinha, J.1. Heard Sri Ajay Kumar Thakur, the learned Counsel for the petitioner and Sri Jharkhandi Upadhaya, the learned A. P. P. for the State.2. The petitioner who happens to be the complainant of Complaint Case No. C-20 of 1984 (Tr. No. 1959/06) pending in the Court of Sri Tribhuwan Nath, Judicial Magistrate, 1st Class, Muzaffarpur, is aggrieved by order dated 8-12-2006 passed therein where by the learned Magistrate has rejected the petition filed by the complainant praying therein for issuance of fresh summons 6r in the alternative, a warrant of arrest against non-appearing witness Mithlesh Kumar Singh at the address of his present posting on the grounds that summons had already been issued to the said witness, that in a complaint case it is the duty of the complainant to produce his witnesses and that there had been a direction by this Court in Cr. W. J. C. No. 40/2006 to conclude the trial at the earliest.3. The facts of the case may be noticed with relative brevity. imp...
Tag this Judgment!Rajendra Ram and ors. Vs. the State Election Commission (Panchayat) an ...
Court: Patna
Decided on: Jan-04-2007
S.N. Hussain, J.1. Heard learned counsel for the petitioners and learned counsel for the respondents.2. This writ petition has been filed for quashing the list prepared by the respondents for reservation of different territorial constituencies of Block Panchayat Samiti, Vaishali, under which the respondents have not reserved a territorial constituency in favour of the Scheduled Caste category, which, according to the petitioners, should have been reserved for that category and conversely they have reserved a territorial constituency in favour of Scheduled Caste category, which according to the petitioners, should not have been reserved under the provisions of Rules 9 and 11 of the Bihar Panchayat Election Rules, 2006 (hereinafter referred to as 'the Rules' for the sake of brevity). Another prayer is made for quashing the list prepared by the respondents for reservation of different Territorial constituencies of Mukhiya under the Vaishali Panchayat Samiti, by which they have not reser...
Tag this Judgment!Atul JaIn and Business Line Ispat (Pvt.) Ltd. Vs. the State of Bihar a ...
Court: Patna
Decided on: Jan-04-2007
Sheema Ali Khan, J.1. Heard learned Counsel for the petitioner and learned Counsel for the opposite party No. 2.2. The petitioner has challenged the order of cognizance dated 23.7.2002 passed by the Judicial Magistrate, 1st Class, Patna, by which he has taken cognizance for the offence under Sections 420, 120B, 468 and 471 of the Indian Penal Code.3. The petitioner is the proprietor of M/s United Enterprises Pvt. Ltd. which has a registered office at Loha Godown Compound, Digha Ghat, Patna. The complainant is the Branch Manager of M/s Rashtriya Ispat Nigam Ltd. which is a company owned by the Government of India within the meaning of the Companies Act.4. The complaint petition reveals the following facts. The petitioner was appointed as a Consignment Agent of the Rashtriya Ispat Nigam Ltd. (hereinafter referred to as the 'Company'). The work of the accused-petitioner was to handle arrival, storage including security stocking and the delivery job of iron and steel materials dispatched ...
Tag this Judgment!Rajdhani Arms Through Its Partner Mohd. Abu Bashar Vs. the State of Bi ...
Court: Patna
Decided on: Jan-04-2007
S.N. Hussain, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. This writ petition has been filed for quashing order dated 23/25.03.2004 (annexure-14) vide memo No. 3270 and also for quashing notice dated 23.03.2004 (Annexure-15) vide memo No. 3120, both issued under the signature of the Deputy Secretary, Department of Home (Police), Govt. of Bihar (respondent No. 3). By the impugned order, the authority concerned rejected the application of the petitioner firm for increasing the numbers of arms and ammunitions allowed to be kept by the petitioner firm in the licence already granted by the authorities, whereas, by the impugned notice, a show cause was called for from the petitioner as to why his licence for keeping and selling arms and ammunitions be not cancelled.3. Learned Counsel for the petitioner submitted that as far back as in the year 1998, the petitioner applied for grant of arms trade licences in Form Nos. XI, XII, XIII and XIV of the Arms Ru...
Tag this Judgment!Syed Mozammil Ashraf Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-04-2007
S.N. Hussain, J.1. Heard learned Counsel for the petitioner and learned Counsel for the respondents.2. This writ petition has been directed against office order of the Road Construction Department, Govt. of Bihar, issued vide memo No. 11256 (S) dated 29.12.1999 (annexure-7) under the signature of Under Secretary of the Department. The petitioner has also sought promotion to the post of Senior Accounts Clerk with effect from 01.05.1999 with all consequential benefits as at the time of filing of the writ petition, he was working as Junior Accounts Clerk in the Office of Executive Engineer, Advance Planning National Highway, Division, Lakhisarai.3. Learned Counsel for the petitioner submitted that as per the gradation list issued by the department on 15.06.1990 (annexure-1), the petitioner was at serial No. 2 among the Junior Accounts Clerk and thereafter Sri Vidyapatti Sinha, who was at serial No. 1 of the said list retired on 30.04.1999, whereafter the petitioner became the senior most...
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