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Patna Court April 2007 Judgments

Apr 03 2007

Dr. S. Sabbir Ashraf and anr. Vs. the Bihar State Electricity Board an ...

Court: Patna

Decided on: Apr-03-2007

S.N. Hussain, J.1. Heard learned Counsel for the petitioners, learned Counsel for the respondent-Bihar State Electricity Board (hereinafter referred to as 'the Board') and its authorities.2. This writ petition is for quashing order dated 11.07.2005 (Annexure 7), by which the General Manager-cum-Chief Engineer of the Board rejected the claim of the petitioners and directed the Electrical Executive Engineer, Dak Bunglow Road, Patna, to realise the amount of punitive energy bill, which has been raised in accordance with the tariff schedule of the Board for using unauthorised additional load of 8.42 kilo watt beyond the sanctioned load of 5 kilo watt against A/c No. 181661 and also for using unauthorised additional load of 4.2 kilo watt beyond the sanctioned load of 7.6 kilo watt against A/c No. 67837.3. The petitioners are Doctors and they have their Clinic, namely, Ashraf Clinic in S.P. Verma Road, Patna and they have two C.S. III electrical connections, out of whom A/c No. 181661 is in...

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Apr 02 2007

Bir Bahadur Singh Vs. the State of Bihar

Court: Patna

Decided on: Apr-02-2007

Sadanand Mukherjee, J.1. This is an application for quashing the order dated 15.6.2004 passed by the Chief Judicial Magistrate, East Champaran, at Motihari in N.F. No. 21 of 1996 whereby and whereunder learned Chief Judicial Magistrate has rejected the show-cause filed by the petitioner and took cognizance of offence under Sections 182 and 211 of the I.P.C. against the petitioner.2. This petitioner lodged Kesaria P.S. Case No. 70 of 1995 under Sections 3 and 4 of the Explosive Substance Act wherein he has stated that one Pramod Kumar Singh @ Drona Kumar Singh exploded bomb in front of his house to threaten him. The Investigating Officer recovered the materials showing the use of explosive substance from the place of occurrence. Apprehending that the police will submit final report the petitioner filed a protest petition before the learned Chief Judicial Magistrate.3. The police in collusion with the accused persons submitted final report wherein the occurrence was shown as true but th...

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Apr 02 2007

Ram Nandan Singh @ Ram Nandan Yadav Vs. State of Bihar and anr.

Court: Patna

Decided on: Apr-02-2007

Sadanand Mukherjee, J.1. This is an application for quashing the order dated 4.7.1996 passed by the Additional Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S. Case No. 186 of 1995 (State of Bihar v. Ramnandan Yadav and Ors.) against the petitioner in which cognizance has been taken under Section 302/34 of the I.P.C. and 27 of the Arms Act against six persons including the petitioner. The petitioner was exonerated and the final form was submitted against him.2. F.I.R. was lodged on the basis of fardbeyan of Shri Tejdhari Yadav of village Munanakpur against six persons including the petitioner in Sheikhpura P.S.Case No. 186 of 1995 under Sections 302/34 of the I.P.C. and 27 of the Arms Act.3. The prosecution case is that on 23.7.1995 at 10 P.M., the informant along with his son Dinesh Kumar @ Madan Kumar (deceased) were sleeping at Bihta Chimani. On knocking of the door, Dinesh Kumar opened the door and the accused persons including the petitioner entered into the room. Further...

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Apr 01 2007

Birendra Sao, Vs. the State of Bihar

Court: Patna

Decided on: Apr-01-2007

Chandra Mohan Prasad, J.1. This appeal is against the judgment dated 30.11.2002 of the Additional Sessions Judge, Fast Track Court. No. V, Patna, passed in Sessions Trial No. 580 of 1992 whereby each of the three appellants has been convicted under Sections 304(B) and 201 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced to undergo R.I. for seven years. R.I. for one year and R.I. for six months respectively. It may be mentioned here that the mother-in-law. Sushila Devi, had also been convicted and she was also the appellant under this appeal but she died during appeal and vide order dated 23.4.2007 this appeal abated against her.2. The prosecution commenced with the written report dated 12.3.1991 (Ext.1) of informant Delip Kumar (P.W.3) addressed to Officer-in-Charge, Kadamkuan P.S., Patna. The informant stated in his written report that his younger sister Mina Devi (deceased) was married to Birendra Sao (appellant) of Mohalla Mosallahpur, P.S. Kadamkua...

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