Patna Court January 2008 Judgments
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Raja Bind and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-23-2008
Anwar Ahmad, J. 1. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 6th December, 2004 passed by the Sessions Judge, Kaimur at Bhabua in Criminal Revision No. 49 of 2004 and also for quashing the order dated 19th March, 2004 passed by the Executive Magistrate, Kaimur in Case No. 17 of 2000 under Section 145 of the Code of criminal Procedure.2. Narayan Bind, Opposite Party No. 2, filed a petition, vide Annexure-1, in the court of Sub Divisional Magistrate, Bhabua for initiating a proceeding under Section 145 of the Code of Criminal Procedure in respect of Plot No. 166 under Khata No. 62 situate in Village Harinathpur, P.S. Sonhan, District - Kaimur, shown in Najari map given at the foot of the plaint, for restraining the members of the opposite party who are petitioners here from going over the said land and disturbing his possession. Area of the land and boundary has not been disclosed.3. After hearing both the parties and ...
Om Prakash Sah Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-23-2008
Rekha Kumari, J.1. This is an application Under Section 482 Cr.P.C. for quashing the order dated 25.7.2006 passed by the learned 2nd Addl. Sessions Judge, Purnea in Cr. Revision No. 188/2005 whereby he has dismissed the revision application filed by the petitioner for setting aside the order of the S.D.J.M., Purnea passed in Complaint Case No. 763/2005 directing issuance of summons against the petitioner.2. It appears that a complaint case was filed in the court of the Chief Judicial Magistrate, Purnea stating therein that there was brick kiln of the petitioner and he took money as loan from the complainant (O.P. No. 2) . The petitioner issued cheques in favour of the complainant .for payment of the loan. The cheques were presented on 10.3.2005 for payment but they were dishonoured for in sufficient fund. On 1.4.2005 the complainant sent lawyer's notice to the petitioner for payment of the amount but nothing was paid. The complainant hence on 10.5.2005 filed the complaint.3. The lear...
Bir Bahadur Pandey, Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-23-2008
Shyam Kishore Sharma, J.1. The above appeals have arisen out of a common judgment as such they have been heard together and are being disposed by this common judgment.2. The above appellants have preferred these appeals against the judgment and order of conviction and sentence dated 19.6.1993 passed by the Sessions Judge, Bhojpur, Ara in N.D.P.S. Case No. 50 of 1992 whereby the appellants were convicted for the offence under Sections 20(b)(1) of the N.D.P.S. Act for which they were sentenced to undergo R.I. for two years and to pay a fine of Rs. 2000/- each and in default to undergo further R.I. for three months. No separate sentence has been passed against them for the offence under Section 47A of the Excise Act.3. According to the prosecution case on 16.9.1992 at about noon S.N. Uraon PW 7 the Officer In Charge of Ara Town Police Station organized a raiding cum patrolling party consisting of S. Is. Akhilendra Kumar Singh, Rabi shankar Prasad, A.S.Is. S.N. Pd. and Amarnath Singh. Aft...
Samrendra Singh Vs. the Union of India (Uoi) and ors.
Court: Patna
Decided on: Jan-23-2008
Chandramauli Kumar Prasad and Jayanandan Singh, JJ. 1. This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 8th January, 2007 passed by the Patna Bench of Central Administrative Tribunal in O.A. No. 447 of 2004, whereby application filed by the petitioner has been dismissed.2. Petitioner happens to be an Inspector in the Central Excise and Customs Department. A criminal case was registered against him and a report to that effect was forwarded to the Magistrate by the Central Bureau of Investigation on 15.3.1996. Allegation against him is of acquisition of property disproportionate to the known source of income. The competent Government granted sanction for his prosecution by order dated 3.11.1999. Petitioner's matter for grant of promotion under Assured Career Progression Scheme was considered by the Departmental Promotion Committee in its meeting held on 10.11.1999 and it decided to keep his matter of promotion in sealed cov...
Ajit Kumar Gupta @ Ajit Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Jan-23-2008
Anwar Ahmad, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 30th August, 2007 passed by the Additional Chief Judicial Magistrate, Bagaha, in Ramnagar P S Case No. 101 of 2004 refusing to accord permission for reinvestigation of the case.2 Informant Rajendra Pal lodged FIR under Section 302/34 of the Indian Penal Code for the murder of Upendra Pal, against seven persons. After investigation charge sheet has been submitted against the petitioners and investigation is proceeding against others. Investigating Officer filed a petition dated 5.12.2006 in the court of Additional Chief Judicial Magistrate, Bagaha for an order for reinvestigation. The learned Magistrate after hearing and perusing the evidence collected in the case diary rejected the petition.Being aggrieved by and dissatisfied with the impugned order the present miscellaneous case has been filed for quashing the said order and allowing the petition of the inve...
Raj Kumar Lal Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-22-2008
Rekha Kumari, J.1. This application under Section 482 of the Code of Criminal Procedure is for quashing the order dated 6.1.2006 passed by the learned Sub divisional Judicial Magistrate, Begusarai in Complaint Case No. 1635(c) of 2005 whereby he has ordered to issue summons against the petitioner and other co-accused for facing trial for the offences under Sections 420 and 406 of the Indian Penal Code.2. The case of the complainant-opposite party No. 2 is that he is the owner of M/S. Mansa Enterprises and the petitioner and other co-accused are the office bearers of M/S. Marc Laboratories (P) Ltd., and are engaged in expansion of sale of medicines of the Company. The petitioner and other co-accused gave the marketing right of the Company to the complainant for the area of Begusarai and assured that the goods would be delivered by the transport and that if any medicine was broken in the way, the complainant would not be responsible. The Company would also take back the unsold medicines...
Om Enterprises Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-22-2008
Navaniti Prasad Singh, J.1. The petitioner was given orders for supply of plastic coated maps by the respondent-District Magistrate-cum-Chairman, District Literacy Committee, Muzaffarpur. This order was placed by him on 11th June, 2005. Petitioner, in accordance with the said order, made supplies in the month of July. The supplies were accepted and not rejected. Petitioner then sought payment. On one pretext or the other payment was not made and ultimately petitioner had to come to this Court for the same. In the counter affidavit, the fact that order was placed is not denied. The fact that the supply was made is not denied. The fact that the supplies were accepted is not denied. The fact that the supplies were not returned is not denied. What is stated is that the District Literacy Programme, which was a programme sponsored by the Central Government, was itself stopped in the month of July by the Central Government. The supplies having been made, bills were submitted thereafter which...
Prachi Exim India Ltd. and ors. Vs. State Bank of India and ors.
Court: Patna
Decided on: Jan-22-2008
Navaniti Prasad Singh, J.1. The petitioners had come to this Court before. Petitioners had challenged the action contemplated to be taken in terms of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by the respondent-State Bank of India.2. During pendency, the petitioners having come to know that in spite of notice of the writ petition the respondent-Bank was trying to precipitate action, the matter was mentioned before this Court on the 11th of July, 2007 and taken up. This Court disposed of the said writ application being CWJC No. 6500 of 2007 on 11-7-2007 (Annexure-5) wherein the respondent Bank was directed to dispose of the petitioners representation filed on 18-4-2007, receipt whereof was denied by the respondent-Bank. The said representation along with receipt showing its despatch by registered post was annexed to the writ petition itself. The petitioners now complain that once an order was pas...
Upendra Rao @ Rao Sahab and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Jan-22-2008
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 10.08.2005 passed in Complaint Case No. 76/05, T.R. No. 1519 of 2005 whereby the learned Sub-divisional Judicial Magistrate, Sasaram has ordered to issue summons against the petitioners to face trial for the offences under Sections 418, 406 and 120B of the Indian Penal Code.2. The case of the complainant opposite party No. 2 Manoj Kumar Singh is that he is a business man. He was in need of a motor vehicle for his business. Petitioner No. 3 Manoj Kumar, an agent of Maurya Motors Limited met him and on his assurance to get a good vehicle, he came to Patna and met the other petitioners. They also assured him a defect free new vehicle with warranty of three years under hire purchase agreement with Tata Motors Limited. Accordingly the complainant entered into an agreement for purchase of Tata 207 diesel vehicle and purchased the same. However, after running 7000 Kms. t...
Ram Swarup Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jan-22-2008
Rekha Kumari, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 11.8.2006 passed by the learned Sub-divisional Magistrate, Narkatiaganj in case No. 312(M) of 2006 whereby he has attached the disputed land and appointed the Anchal Adhikari, Narkatiaganj as receiver under the provisions of Section 146(1) of the Code of Criminal Procedure (hereinafter referred to as the Code).2. Learned counsel for the petitioner submitted that the land in question is in possession of the petitioner and there is no breach of peace regarding the land and so, there was no ground to initiate a proceeding under Section 145 of the Code. He further submitted that the impugned order does not show that there was any emergency and, therefore, the learned Magistrate was not at all justified in passing the impugned order.3. Learned counsel for opposite party Nos. 2 and 3 supported the order.4. According to Section 146(1) of the Code the Magistrate ...
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