Patna Court April 2008 Judgments
Arun Kumar Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-09-2008
Samarendra Pratap Singh, J.1. Petitioner prays for cancellation of bail to opp.parties 2, 3 and 4, namely, Ram Pravesh Singh, Dhananjay Singh and Rajia Singh allowed to them by the Chief Judicial Magistrate, Aurangabad under order dated 12.4.2007 passed in Obra P.S. Case No. 16 of 2007 lodged for offences under Sections 307/34, 324, 323, 341 of the Penal Code.2. Informant who is petitioner before this Court had instituted the aforesaid PS case on 7.3.2007 alleging that a dispute arose with opp.party No. 2 for burning Holika which was opposed by the petitioner. Thereafter opp.party No. 2 Ram Pravesh Singh went back to his house and returned armed with his brothers/opp party Nos. 3 and 4 at the place of Holika Dahan and they started assaulting the petitioner with Farsa and lathi. Ram Parvesh Singh was instigating them to attack. The informant who is petitioner here became unconscious, whereafter the opp parties fled away thinking him to be dead. The petitioner was taken to the Bose clin...
Tag this Judgment!Vishesh Verma and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-09-2008
Navaniti Prasad Singh, J.1. The present application has been filed for quashing of the prosecution as instituted against the petitioners who are the Producer, Director, Actors and otherwise associated with production of a T. V. serial, in pursuant to an F.I.R. registered against them being Patna, Kotwali Police Station Case No. 280 dated 07.08.2002. The case was registered by the police under Sections 153(A)/292/509/387/501/502/504/120(b)/34 of the Indian Penal Code. The informant opposite party No. 5 has appeared and has been heard.2. The petitioners have challenged that the prosecution is not maintainable, and is malafide in law or even otherwise could not be at the instance of the informant. In view of the nature of allegation as made out, it is, further, submitted that the manner in which the F.I.R. was registered and the subsequent conduct of both the Magistrate and the police raises an apprehension that the prosecution is not for any legitimate grievance but for some other purpo...
Tag this Judgment!Vishesh Verma and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Apr-07-2008
Navaniti Prasad Singh, J.1. In spite of notice issued and validly served on respondent No. 5, the complainant, none has appeared on his behalf.2. Petitioners have filed this writ application ostensibly for quashing the initiation of criminal prosecution against them on basis of a written complaint (Annexure-7) being Complaint Case No. 1180 of 2002 filed by respondent No. 5 in which the petitioners have been made accused persons. The complaint was filed on 12.08.2002 and on 13.08.2002, in terms of Section 156(3) of Criminal Procedure Code, the learned Additional Chief Judicial Magistrate, Siwan, referred the matter to the police for investigation who then on basis of the said complaint instituted Siwan (Town) P.S. Case No. 128 of 2002 on 22.08.2002, under Sections 500, 501 and 295(A) of the Indian Penal Code.3. Petitioners, the accused persons, in the complaint are Producers, Director and Actors in a serial namely 'Ram Khilawan C.M. 'N' Family' and they have been charged for defamation...
Tag this Judgment!Gopaljee Sahay Vs. the Bihar State Electricity Board and ors.
Court: Patna
Decided on: Apr-04-2008
Sudhir Kumar Katriar, J.1. The petitioner of C.W.J.C. No. 4220 of 1999 (Gopaljee Sahay v. The Bihar State Electricity Board and Ors.) has preferred this appeal in terms of Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and is aggrieved by the judgment dated 30.9.1999, whereby the action of the respondent authorities in varying the terms and conditions relating to superannuation, and the consequent retirement of the petitioner after completion of 37 years of service or 58 years of age, whichever is earlier, has been upheld. We shall go by the description of the parties occurring in the writ petition.2. The basic facts for the disposal of the appeal are not in dispute and may be briefly indicated. The petitioner's date of birth is 24.12.1942. He became an Engineering Graduate from the Patna Engineering College in 1961. He had joined the services of the Bihar Government as Engineer Assistant/Technical Assistant in P.W.D. department. In response to advertisement...
Tag this Judgment!Sarita Sinha and ors. Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-02-2008
Chandramauli Kumar Prasad, A.C.J.1. Writ petitioner- appellant aggrieved by the order dated 26.2.2004 passed by a learned Single Judge in CWJC No. 14100 of 2002 dismissing the writ application has preferred this appeal under Clause X of the Letters Patent.During the pendency of the appeal writ petitioner died and this appeal is being pursued by her heirs and legal representatives.2. Bereft of unnecessary details facts giving rise to the present appeal are that by a lease dated Ist of June, 1978, 8000 Sq. feet of land at Boring Road, in the heart of Patna was demised for a period of fifteen years by the original petitioner Usha Sinha, (hereinafter referred to as the lessor) to M/S S.K. Puri Service Station through its Managing Partner Amrednra Komlam, (hereinafter referred to as the Lessee) for establishment of a Petrol Pump. It is a registered lease and according to its terms and conditions, the lessee was to pay a monthly rental of Rs. 1000/- for the first ten years and Rs. 1,200/- f...
Tag this Judgment!Mohan Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Apr-01-2008
Chandramauli Kr. Prasad, A.C.J.1. Writ petitioner-appellant aggrieved by the order dated 18.1.2008 passed by a learned Single Judge in CWJC No. 15762 of 2007 dismissing the writ application has preferred this appeal under Clause X of the Letters Patent.2. Shorn of unnecessary details, facts giving rise to the present application are that Bihar Staff Selection Commission issued advertisement inviting applications for appointment to the post of Sub-Inspector of Police. Said advertisement was published in various newspapers including the daily newspaper 'Hindustan' in its issue dated 21st of September, 2004. It is an admitted position that for appointment to the post of Sub-Inspector of Police, before a candidate is allowed to appear in the written test, he had to undergo physical test and only after succeeding in the said test he appears in the written test. The physical test is held at Range level and there are twelve Range Boards, all over the State for the purpose. It is further also...
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