Patna Court January 2009 Judgments
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Guddu Kumar S/O Raju Sao Vs. State of Bihar Through the District Magis ...
Court: Patna
Decided on: Jan-12-2009
1. In this writ application prayer of the petitioner is to issue writ in the nature of habeas corpus for release of the petitioner, who is in detention in connection with Kadamkuan P.S. Case No. 136 of 2008 registered under Section 392 of the Indian Penal Code.2. The facts, which are not in dispute, are that the petitioner is an accused in Kadamkuan P.S. Case No. 136 of 2008 registered under Section 392 of the Indian Penal Code. It pertains to robbery of a motorcycle and mobile phone. The petitioner was arrested in the case on 14th April, 2008 at 2.30 P.M. and, according to the investigating agency, looted mobile phone and motorcycle were recovered from his possession. He was produced before the learned Chief Judicial Magistrate on 16th April, 2008, who remanded him to judicial custody. Respondents attempted to explain the non-production of the petitioner within twenty four hours on the ground that when the petitioner was produced, the court sitting was over as it was a morning court....
Bindeshwari Prasad S/O Shri Jagdish Prasad Vs. the State of Bihar and ...
Court: Patna
Decided on: Jan-12-2009
1. Writ petitioners - appellants aggrieved by the order dated 1st October, 2008 passed by the learned Single Judge in CWJC. No. 12645 of 2006 and analogous cases dismissing the writ petitions, have preferred these appeals under Clause - 10 of the Letters Patent.2. Writ petitioners - appellants (hereinafter referred to as the petitioners) filed the writ petitions challenging the show -- cause notice as to why their services be not terminated and some of the petitioners challenged the order by which their services were terminated. All these writ applications were heard together and have been disposed of by the common judgment.3. The petitioners are Night - Guards, employed by the Bihar State Co-operative Marketing Union Limited. They were working at various depots. The activities of the depots have come to an end and, accordingly, their services were dispensed with. The learned Single Judge has found that the utility of Night-Guards has lost its relevance and, in fact, the Bihar State C...
Alok Mohan Das Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-12-2009
Navaniti Prasad Singh, J.1. Heard learned Counsel for the parties.2. The petitioner is a resident of Ward No. 20 in Madhepura Nagar Parishad. The land in question being appertaing to Khesra No. 678J is admittedly recorded in the name of the Sudhir Nath Das, the father of the petitioner. Petitioner's grievance is that there have been notices issued by the Nagar Parishad not to deal with those lands and/or sell those lands, as those lands are being used by public as a Kachha public road.3. Submission of learned Counsel for the Petitioner is that these facts are admitted in the impugned notices as contained in Annexure-2 Series itself which further stated that the said lands are enclosed within the boundary of the petitioner already constructed, but as per municipal survey it is shown as road. Petitioner asserts and rightly shows in my view that the notice itself accepts the title to the land being that of the petitioner. If the impugned notice itself accepts that, then it is for the pet...
Ashutosh Kumar Son of Tej Bahadur Roy and ors. Vs. the State of Bihar ...
Court: Patna
Decided on: Jan-09-2009
Sudhir Kumar Katriar, J.1. Twenty students have joined this writ petition with the prayer to set aside the decision of the Patna University, whereby the admission of 146 students including the petitioners and respondent Nos. 6 to 26, to the Bachelor of Business Administration (Honours Course) (hereinafter referred to as 'BBA'), has been cancelled, inter alia, on the ground that the same were beyond the sanctioned strength of seats for the course, and their admissions were actuated by ulterior motives and extraneous considerations. BBA is a three years course and the present writ petition is with respect to the session 2008-2011, commencing with the academic year 2008-09. Respondent Nos. 6 to 19, as well as respondent Nos. 20 to 26, are similarly circumstanced persons and were on their own motion impleaded as party respondents. The petitioners and respondent Nos. 6 to 26 make common cause in challenging the action of the University. In substance, the prayer of the petitioners and respo...
Renuka Devi W/O Amal Singh Vs. State of Bihar
Court: Patna
Decided on: Jan-09-2009
Abhijit Sinha, J.1. Heard Mr. Shreekant Labh, learned Counsel for the petitioner and Dr. Mayanand Jha, learned A.P.P. for the State.2. The petitioner is sought to be prosecuted under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act') in connection with Panapur P.S. Case No. 61 of 2006 and a prayer has been made for quashing of the F.I.R. thereof.3. The short and pertaining point raised by the learned Counsel for the petitioner is that the petitioner being a dealer under the Public Distribution System is protected from prosecution under Clause 31(2) of the Bihar Trade Articles (Licenses Unification) Order, 1984 and, therefore, his prosecution in the instant case was unwarranted and an apparent abuse of the process of the Court.4. This aspect of the matter has been considered by various judgments of this Court and one need not recount any of them. The law on this issue is now no more res integra and remains well settled.5. The learned A.P.P. for the S...
Ram Vinay Prasad Kushwaha and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jan-07-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the petitioner, the State as well as respondent No. 5 who died during the pendency of the writ application.2. A proceeding under Section 144 Cr.P.C. was initiated on the application of respondent No. 5 (now dead) on 12.4.2006. During the continuance of the proceeding an application was filed before the Collector, West Champaran, by respondent No. 5 stating therein that the land in question belongs to him and he is in possession of the same. He further prayed that O.P. No. 2 in the proceeding under Section 144 Cr.P.C. be restrained from looting his crops. The Collector vide his endorsement dated 12.4.06 on the application of other side gave direction for harvesting of the crops. Pursuant to the aforesaid direction of the Collector the crops were harvested and compliance report was submitted by the Circle Officer on 27.4.2006 to the S.D.O., Bettiah. In the meantime, the S.D.O., Bettia, finding it expedient that proceeding under...
Kumar Suman Singh @ Ranjit Singh @ Indrajit Kumar Vs. State of Bihar T ...
Court: Patna
Decided on: Jan-06-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the petitioner and the learned Counsel for the C.B.I.2. In the instant writ application the petitioner prays for quashing the order dated 20.8.2008, contained in Annexure - 7, in connection with Special Case No. 13 of 2003 passed by the Special Judge, C.B.I., South Bihar, Patna by which the petition under Section 216 of the Code of Cr.P.C. filed by the petitioner has been rejected.3. Before I discuss the points raised by the learned Counsel for the petitioner it would be necessary to notice the facts of the case in brief.4. The allegation against the petitioner as also some other accused persons is that they by entering into a conspiracy pilfered question papers of 2003 All India P.M.T./P.D.T. Examination conducted by C.B.S.E. and sold the same to the parents of the certain examinees appearing at the said test. Further allegation is that the question papers surprisingly tallied substantially with the question papers that were...
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