Patna Court February 2009 Judgments
Abhishek Kumar Son of Dr. Dipak Kumar Sharma and ors. Vs. the Bihar St ...
Court: Patna
Decided on: Feb-06-2009
S.K. Katriar, J.1. Heard Mr. Y.V. Giri, learned senior advocate for the petitioners, and Mr. Chitranjan Sinha, learned senior advocate for the respondent Nos. 1 to 3.2. Twelve petitioners have joined this writ petition with the prayer that the judgment dated 22.12.2008 (Annexure-9), passed by this Court in C.W.J.C. No. 16819 of 2008 (Prabhat Kumar v. Bihar State Electricity Board and Ors.), may be reheard and reviewed, inter alia, on the ground they were not parties to the proceedings, and also because of non-consideration of certain relevant aspects of the matter. It is submitted in the alternative that the ratio of the judgment should be confined to the cadre of employees with which it was concerned, and should not be made applicable to the other categories of employees covered by the same advertisement.3. A brief statement of facts essential for the disposal of the writ petition may be indicated. The Board issued an advertisement bearing Employment Notice No. 5 of 2007 (Annexure-1)...
Tag this Judgment!Manoj Kumar Beura Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-06-2009
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.2. The petitioner has prayed for quashing the entire prosecution of Katihar Town P.S. Case No. 626 of 1996 being G.R. No. 2550 of 1996 arising out of Complaint Case No. 1468 of 1996 under Section 13 of the P.C. Act. The petitioner also seeks quashing of the orders dated 28.2.02 and 23.7.07 passed by the learned Chief Judicial Magistrate, Katihar, issuing warrant of arrest against the petitioner in aforesaid case.The issues involved in this case are as follows: (a) Whether a Magistrate has jurisdiction to Entertain complaint case under Section 13 of The P.C. Act and can it endorse the same to Police under Section 156(3) Cr.P.C. to register A case ?(b) Whether a Magistrate could have issued a warrant on requisitions made pursuant to the investigation in such matter ?(c) Whether an appropriate course would have been for the Magistrate to return the complaint under Section 201 of Cr.P.C. for being presented before the...
Tag this Judgment!Shobha Kant Ojha Son of Late Ramawtar Ojha and ors. Vs. the State of B ...
Court: Patna
Decided on: Feb-06-2009
Abhijit Sinha, J.1. All the nine persons arrayed as accused in Complaint Case No. C 337 of 2006 for alleged commission of offences under Sections 147, 148, 323, 379/34 I.P.C. and Sections 26 and 27 of the Arms Act and against whom cognizance has been taken only under Sections 147, 323 and 380 I.P.C. by order dated 13.3.2007 passed therein by Sri D.K. Singh, Judicial Magistrate, Bagha, have prayed for the quashing of the said order taking cognizance.2. One, Hari Naresh Ojha, the complainant, impleaded herein as Opp. Party No. 2, filed the aforesaid complaint on 13.6.2006 inter alia alleging that at about 5-6 P.M. on 11.6.2006 all the accused came to his residence for forcible occupation/possession of his gharari (homestead) lands and in course thereof injured his wife Sushila Devi and sons Bholi Ojha and Amit Ojha by means of lathi and at the point of country-made pistol and farsa took away clothes worth Rs. 4000/-, 3 pieces of gold ornaments worth Rs. 30,000/- and 20 tolas of silver w...
Tag this Judgment!Vijay Singh S/O Inderdeo Singh and ors. Vs. State of Bihar and Ram Sag ...
Court: Patna
Decided on: Feb-06-2009
Abhijit Sinha, J.1. The petitioners have preferred this application for quashing of order dated 19.7.2007 passed by the learned 1st Additional Sessions Judge, East Champaran at Motihari in Criminal Revision No. 275 of 2007, whereby the learned Judge has been pleased to dismiss the revision preferred by the petitioners against order dated 25.4.2007 passed by Sri S.N. Mishra, Judicial Magistrate, lst Class, Sikarhana at Motihari in Complaint Case No. C 702 of 2006 by which he had taken cognizance for offences under Sections 323, 504, 379, 147, 148, 149, 354 I.P.C. as also Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the SC & ST Act').2. One Ram Sagar Ram, the complainant impleaded herein as O.P. No. 2 filed the aforesaid complaint on 6.12.2006 inter alia alleging that at about 7 P.M. on 4.12.2006 while he was sitting at his darwaza all the accused persons variously armed with lathi and fatha arrived suddenly and acc...
Tag this Judgment!Bijoy Narayan Singh @ Bijay Narayan Singh Vs. State of Bihar and anr.
Court: Patna
Decided on: Feb-06-2009
Samarendra Pratap Singh, J.Heard the learned Counsel for the parties.1. The petitioner has filed the revision application against the order dated 14.11.2006 passed by Principal Judge, Family Court, Bhojpur, Ara in Misc. Case No. 121/03/137/05 whereby the learned Judge has allowed the petition under Section 125 of Cr.P.C. and directed the petitioner to pay maintenance @ Rs. 4000/- per month from the date of filing of the petition, i.e., 8.12.2003.2. O.P. No. 2, Sheela Singh, filed an application under Section 125 of the Cr. P.C. before the Principal Judge Family Court, Bhojpur, Ara, praying therein for grant of Rs. 6,000/- per month as maintenance. She claimed that her husband was drawing a gross salary of more than Rs. 15,000/- per month apart from his earning from cultivation, which comes around Rs. 50,000/- per year. The petitioner appeared in the maintenance case and stated that his salary is about Rs. 10,000/- per month and he does not possess any agricultural income. However, he ...
Tag this Judgment!Khushboo Sharivastava, D/O Sri Mohan Prasad Shrivastava Vs. the Union ...
Court: Patna
Decided on: Feb-06-2009
C.K. Prasad, ACJ and S.K. Sharma, J.1. Writ petitioner- appellant, aggrieved by the order dated 20th October, 2008 passed by the learned Single Judge in C.W.J.C. No. 7631 of 2007, has preferred this appeal under Clause 10 of the letters patent.2. Short facts, giving rise to the present appeal are that the writ petitioner No. 1- appellant herein appeared in the All India PMT/DPT Entrance Examination held on 1st April, 2007 conducted by the Central Board of Secondary Education (hereinafter referred to as CBSE). The result of the examination was published on 5th of June, 2007 and finding herself unsuccessful she made request for revaluation of the answer sheets. When the said request was not acceded to she preferred the writ application. When the writ application was taken up on 24th of August, 2007 this Court directed her to deposit a sum of Rs. 25,000/- (twenty five thousand) and while doing so it was observed that in the event it transpires that her paper was correctly evaluated, the ...
Tag this Judgment!Anil Prasad Jaiswal S/O Late Paras Nath Chaudhary Vs. the State of Bih ...
Court: Patna
Decided on: Feb-06-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner and learned Counsels for respondent No. 5 and the State.2. The petitioner seeks quashing of the order dated 31.1.2006 with respect to Sl. No. 29 therein by which the respondent No. 5, who he claims to be his younger brother, has been appointed on compassionate ground.3. The mother of the petitioner and respondent No. 5 died on 10.11.2000 while still in government service. Thereafter the petitioner as also the respondent No. 5 applied for compassionate appointment on the said post. On the case of the petitioner not having been decided by the respondent-authorities, the petitioner filed CWJC No. 7140/05 which was disposed of by this Court by order dated 29.6.2005 with a direction to the respondent-authorities to decide the application of the petitioner for appointment on compassionate ground one way or the other in accordance with law. Against the said order, the respondent No. 5 preferred LPA No. 979/2005 which was dismi...
Tag this Judgment!Rajeshwar Ravidas Son of Late Nathuni Ram Vs. the State of Bihar and o ...
Court: Patna
Decided on: Feb-06-2009
Ramesh Kumar Datta, J.1. Heard learned Counsel for the parties.2. The two writ applications are directed against the same order dated 27.12.2005, by which both the applications of the petitioners for compassionate appointment on account of death of their father, Nathuni Ram, on 25.1.2003 while he was working as class IV employee in the State Government were rejected and accordingly, they are being disposed of by this common order.3. The brief facts of the case are that the father of the petitioners in the two writ petitions died on 25.1.2003 while he was in Government service and, thereafter, both of them had made separate application for appointment on compassionate ground. The petitioner, Rajeshwar Ravidas, claims to be the elder brother whereas the petitioner, Lalan Ravidas, is the younger brother. The petitioner, Rajeshwar Ravidas, claims that he has the right to be considered for appointment on compassionate ground in view of the decision of this Court in the case of Sajjad Hussa...
Tag this Judgment!Sheo Pujan Yadav Son of Late Babu Ram Yadav Vs. the State of Bihar and ...
Court: Patna
Decided on: Feb-06-2009
Abhijit Sinha, J.1. The petitioner who is the complainant of Complaint Case No. 781 of 2005 has preferred this application with a prayer for quashing of order dated 24.2.2006 passed therein by Sri R. Malviya, learned Magistrate 1st Class, Katihar, whereby he dismissed the complaint petition under Section 203 Cr.P.C. as also for quashing of order dated 20.8.2007 passed by the learned Presiding Judge, F.T.C. No. V, Katihar, in Cr. Revision No. 33 of 2006, whereby he dismissed the revision preferred against order dated 24.2.2006.2. It appears that the petitioner had filed the aforesaid complaint against the O.P. Nos. 2 to 5 herein inter alia stating that there is a land dispute between Vivekanand Yadav, Dilip Yadav and accused Pramjeet Kaur and ors. for which Title Suit No. 41 of 2001 had been lodged by Dilip Yadav, the son of the complainant. It is said that in view of the filing of the litigation the accused persons along with 3 unknown others having hatched a conspiracy formed an unla...
Tag this Judgment!Rajnikant Rakesh Son of Dharmnath Singh Vs. the State of Bihar and Nar ...
Court: Patna
Decided on: Feb-06-2009
Abhijit Singh, J.1. The accused of Gogri P.S. Case No. 265 of 2004, G.R. 1265 of 2004, through this application has prayed for the quashing of the order dated 26.12.2006 passed by the learned Presiding Judge, Fast Track Court No. IV, Khagaria, in Criminal Revision No. 77 of 2006, whereby while allowing the revision, he has set aside the order dated 11.8.2006 passed by the learned Sub Divisional Judicial Magistrate, Khagaria, in the aforesaid Gogri P.S. Case whereby the learned Magistrate had rejected the prayer of the informant to amend the amount in the format of charge and to mark exhibit list of account holders.2. The informant, one Narendra Kumar Singh, impleaded herein as O.P. No. 2, submitted a written report on 6.10.2004 inter alia alleging therein that he was working since 7.4.2002 on the post of Senior Manager, Sahara India at Khagaria and Branch office of Gogri Jamalpur, was under the jurisdiction of his Branch. It is said that petitioner, Rajnikant Prasad, was posted as Cas...
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