Patna Court February 2009 Judgments
Vinod Kumar Verma and Shiv Nath Bidyarthi Vs. the State of Bihar and o ...
Court: Patna
Decided on: Feb-10-2009
Navin Sinha, J.1. Heard leaned Counsels for the petitioners and the learned Counsel for the State.2. The petitioners are aggrieved by the orders of termination of their services dated 14.6.2002 at Annexure 1 in both writ applications. The impugned orders are couched in common language and set out the same grounds for termination. There is a marked similarity on facts. These two cases have therefore been heard together and are being disposed by a common order.3. In both the writ applications it is the case of the petitioners that they were appointed on the post of Clerk by the Regional Deputy Director of Education, Tirhut Division at Muzaffarpur on the recommendation of the Divisional Establishment Committee. That their names were duly sponsored by the Employment Exchange. The issue of their appointment has been investigated by the respondents on more than one occasion. The issue of validity of appointments made by calling for names from the Employment Exchange and recommendation of t...
Tag this Judgment!Atmanand Singh Son of Sri Parmanand Singh Vs. the Union of India Throu ...
Court: Patna
Decided on: Feb-10-2009
A.K. Tripathi, J.1. Petitioner wants a mandamus upon the respondent authorities specially management of Punjab National Bank to refund the money of the petitioner by honouring the 'agreement' dated 27.5.1990 contained in annexure-5B to the writ application as well as to pay interest on the amount agreed upon between the parties.2. The background to the filing of the present writ application is that the petitioner claims himself to an educated unemployed and was having two accounts at Punjab National Bank Branch at Haveli Kharagpur, in the district of Munger. In the year 1984 petitioner had taken financial assistance by way of loan of Rs. 10,000/- to run a business in the name of Sanjeev Readymade Store. Money came to be paid by the bank in two instalments of Rs. 4,000/- on 21.7.1984 and Rs. 6,000/- on 1.10.1984. This was a term loan of Rs. 10,000/- in account bearing No. TL-PA/2/66. This term loan with interest had added up to a figure Rs. 13,386/- up to 14.2.1990.3. Petitioner was gr...
Tag this Judgment!Ranjeet Paswan S/O Ram Briksh Paswan Vs. State of Bihar
Court: Patna
Decided on: Feb-10-2009
Abhijit Sinha, J.1. Heard Mr. Mrigank Mauli, the learned counsel for the petitioner and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State.2. Petitioner who is dealer under the Public Distribution System who faces prosecution in connection with Pakribarawan P.S. Case No. 10 of 2006 registered under Section 7 of the Essential Commodities Act (hereinafter referred to as 'the E.C. Act'), and has prayed for the quashing of the order dated 28.11.2006 whereby the learned Sub Divisional Judicial Magistrate, Nawadah has taken cognizance therein against the petitioner.3. It appears that on secret information the informant along with police personnel of Pakribarawan came to bus stand of Kawakole where they found a black coloured plastic jerrycan lying in an abandoned state and on being opened it was found that it contained 20 liters of Blue Kerosene oil. It is said that the said kerosene oil was kept there for purpose of black marketing and the owners had abandoned the same on seeing the...
Tag this Judgment!Chhtu @ Chhotu Singh Son of Baliram Singh Vs. the State of Bihar
Court: Patna
Decided on: Feb-09-2009
Dharnidhar Jha, J.1. Heard.2. The case is under Section 307 and other different Sections of the Indian Penal Code and Section 27 of the Arms Act. As may appear from the two earlier rejection orders passed by me in Cr. Misc. Nos. 20635 of 2007 and 8404 of 2008, the petitioner had fired a shot which hit the informant into his belly and the injury was reported to be grievous. Considering the seriousness of the allegation and the act the prayer for bail was rejected twice as may appears from the above noted orders.3. While passing the last order, Annexure-2, a direction was issued to the trial court to conclude the trial in nine months after examining the witnesses. The trial court could not attain the timeframe fixed by this Court and was approached twice for bail on 28.11.2008 and 19.1.2009 and the learned trial Judge who hears Sessions Trial No. 188 of 2007 while passing the order on 28.11.2008 refused releasing the petitioner because by that time the learned Judge was of the opinion t...
Tag this Judgment!Md. MohiuddIn @ Md. UddIn RaIn Son of Domi RaIn Vs. the State of Bihar ...
Court: Patna
Decided on: Feb-09-2009
Ramesh Kumar Datta, J.1. The petitioner who along with another has been arrayed as accused in Complaint case bearing C.R. No. 206 of 2002 is aggrieved by and has prayed for the quashing of the order dated 28.2.2005 passed therein by Sri R.N.P. Bharti, Judicial Magistrate, First Class, Jhanjharpur, whereby and where under he has taken cognizance for offences punishable under Sections 420, 406, 120B I.P.C. against both the arraigned accused including the petitioner.2. The prosecution case is based upon the complaint petition filed on 15.3.2002 by one Bachcha Yadav, impleaded herein as Opp. Party No. 2, who inter alia stated therein that accused No. 1 Joginder Jha was a Munshi in the Jhanjharpur Sub Registration Office who was primarily given to cheating innocent people and accused No. 2, Md. Mohiuddin alias Md. Uddin Rain (the petitioner herein) was an expert in purchasing lands without making any payment. It is said that when the complainant fell in dire need of money for the marriage ...
Tag this Judgment!Sita Devi and anr. Vs. Indradeo Lal and ors.
Court: Patna
Decided on: Feb-09-2009
S.N. Hussain, J.This petition has been filed on behalf of the appellants-petitioners for review of the judgment of a Bench of this Court dated 17-4-2007 by which Miscellaneous Appeal No. 574 of 2000 was dismissed on merits at the stage of final hearing only after hearing the learned Counsel for the respondents as learned Counsel for the appellants were absent.2. The said appeal was filed by the petitioners on 20-10-2000 under the provision of Order XLIII Rule 1(j) of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) against order dated 21 -9-2000 by which the learned Subordinate Judge 1, Nalanda dismissed Miscellaneous Case No. 25 of 1990 (13/1994) filed by the petitioners for setting aside auction sale of the said properties and also for: stay of further proceeding relating to delivery of possession in Execution Case No. 11 of 1989 arising out of Title Suit No. 117 of 1981 which was filed by opposite party 1st Set and was decreed, against the...
Tag this Judgment!Ajay Pathak @ Vs. State of Bihar and
Court: Patna
Decided on: Feb-09-2009
Abhijit Sinha, J.1. The petitioner, one of the F.I.R. named accused of Barari P.S. Case No. 70 of 2000 who had not been charge-sheeted but later after the commitment of the case to the Court of sessions where it was numbered as Sessions Trial No. 74 of 2001 he was summoned under Section 319 Cr.P.C. is aggrieved by and has prayed for quashing of the order dated 24.8.2007 passed therein by the learned Presiding Judge, Fast Track Court No. III, Katihar, whereby his petition for discharge under Section 227 Cr.P.C. has been rejected.2. Briefly stated the prosecution case is that in the evening of 8.8.2000 while the informant with his younger brother, Rajendra Choudhary, since deceased, and his nephew, Dilip Choudhary, was returning home from Barari Bazar and enroute had reached near Chowk Imali they met co-accused Munna Pathak, who accompanied them on there way home and they were followed by one Munchlal Rishi. It is said that at about 7.30 P.M. they reached near the bamboo clump of Keshaw...
Tag this Judgment!Sharandeo Paswan Son of Late Chhedi Paswan and ors. Vs. the State of B ...
Court: Patna
Decided on: Feb-09-2009
Abhijit Sinha, J.1. All the seven F.I.R. named accused of Shambhuganj P.S. Case No. 41 of 2007 who had not been chargesheeted have filed this application for quashing of the order dated 23.7.2007 passed by the learned Presiding Judge, Fast Track Court No. IV, Banka, whereby he has summoned them under Section 319 Cr.P.C. to face the trial alongwith already arraigned accused in the resultant Sessions Trial No. 1287 of 2005.2. Briefly stated, the prosecution story as has been culled out from the written report submitted by one Amrendra Kumar Jha, a lawyer of Civil Court, Bhagalpur, is that at about 12 in the midnight of 22.5.2004 while the informant alongwith others was sleeping on the roof, four armed persons came and pointed their muskets at him and asked him to handover his gun failing which he would be killed. Thereafter the informant was taken to his room and accused Sharandeo Paswan took his gun and cartridges whereas accused Kunjay Paswan and Sharandeo Paswan demanded money and on...
Tag this Judgment!Awadhesh Singh Son of Late Hardeo Singh Vs. the State of Bihar
Court: Patna
Decided on: Feb-09-2009
Heard.1. The point which arises for an order of this Court is that Satish Prasad Singh, the father of the deceased, has filed a Vakalatnama of his counsel with a view to permit him to appear and plead this appeal in assistance of the respondent-State of Bihar. Practically, we did not find any obstruction in granting such permission but since such move, as made by the father of the deceased, was opposed by the counsel for the appellants and a previous order of this Court dated 22.12.2008 passed in another Cr. Appeal bearing No. 190 of 2008 did not stand in favour of the deceased's father, inasmuch as, such prayer of deceased's father was refused there on the sole ground that submissions of the counsel in that regard did not carry any weight though in that case we do not find any specific submission made by the counsel in that regard.2. Learned Counsel for the appellant Mr. Markandeya Singh opposed the prayer of the deceased's father and he submitted that the deceased's father has no lo...
Tag this Judgment!Binay Kumar Singh Vs. the State of Bihar and ors.
Court: Patna
Decided on: Feb-09-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.The petitioner instituted a written report on 3.6.2002 alleging that respondent No. 5 Ranjit Kumar, Constable No. 611, Special Branch, Police Line Special Branch, Near Old Secretariate, Patna, committed forgery in respect of obtaining death certificate of one Tej Pratap Singh, the grand father of the petitioner claiming him to be his son. It is alleged that Ranjit Kumar obtained the aforesaid death certificate from I.G.I.M.S., Patna on the plea that latter is his father. The aforesaid complaint gave rise to Pirbahore P.S.Case No. 159/02. The respondent No. 5, Ranjeet Kumar came to the residence of one Nagendra Kumar Singh, Advocate of petitioner and asked him to desist from appearing on behalf of the otherside.2. The aforesaid fact was brought to the notice of this Court, which directed an enquiry into the aforesaid allegations. The Registrar General, High Court, Patna directed the S.S.P., Patna to look into the m...
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