Patna Court June 2009 Judgments

Md. Rustam and ors. Vs. the State of Bihar and Md. Shamim Ahmad Son of ...

Court: Patna

ORDERAbhijit Sinha, J.1. The six F.I.R. named accused of Daudnagar P.S. Case No. 184 of 2005 have prayed for the quashing of the order dated 16.7.2007 passed therein by the learned Chief Judicial Magistrate, Aurangabad, whereby he has taken cognizance under Sections 420, 406, 427, 468 and 120B IPC against the petitioners.2. One Md. Shamim Ahmad, impleaded herein as O.P. No. 2, had initially filed Complaint Case No. 852 of 2005 which on being transmitted to the concerned P.S. the aforesaid P.S. Case came to be registered under Sections 420, 406, 427, 384, 468 and 120B IPC.3. According to the prosecution case the informant's truck bearing registration No. JH - 11B - 6230 was taken on lease by accused Nos. 1, 2 and 4 by means of a patta on condition that a sum of Rs. 16,000/- would be paid to him every month for use of the truck but only a sum of Rs. 6,000/- was paid till November, 2003 and a sum of Rs. 90,000/- remained outstanding. It is alleged that on intervention of well wishers an a...

Bhushan Bishambhar Barma @ Bhushan Barma Son of Late Bishambhar Barma, ...

Court: Patna

Reported in: 2009(57)BLJR2827

ORDERAbhijit Sinha, J.1. Both these cases have been taken up together as the parties thereto are the same and the points in issue also happen to be the same and having been heard together are being disposed of by this common order.2. In Cr. Misc. No. 57813 of 2007 the petitioners have prayed for quashing of the entire criminal proceeding arising out of Complaint Case No. 2864(C) of 2006 including the order dated 11.6.2007 passed therein by Sri Manoj Kumar No. 2, Judicial Magistrate, 1st Class, Patna, whereby cognizance has been taken under Section 420 IPC and 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act') against the three accused.3. In Cr. Misc. No. 4198 of 2008 the same set of petitioners have prayed for the quashing of the entire criminal prosecution arising out Complaint Case No. 3252(C) of 2006 including the order dated 15.6.2007 passed by Sri A.K. Singh, Judicial Magistrate, 1st Class, Patna, whereby cognizance has been taken under Sections 406/...

Hiremagalur Parthsarthy Shamalah @ H.P. Shamala @ A. Shyamla D/O Parth ...

Court: Patna

ORDERAbhijit Sinha, J.1. Both these cases were directed to be heard together with Cr.W.J.C. No. 613 of 2007 since the two revision petitions arise out of the same Complaint Case No. 1751(C) of 2005 and the writ petition arises out of Shri Krishnapuri P.S. Case No. 82 of 2005 by one of the accused of the complaint case, namely, P.S. Kansal in respect of the same cause of action. However, the two revisions were heard on 22.10.2008, whereas the writ petition was heard separately on 10.12.2008 and in my opinion since the matter involved are not the same, I am of the opinion that the order in the writ petition is required to be passed independently and separate from the orders in the revisions. In the aforesaid circumstances while separate orders shall be passed in respect of Cr.W.J.C. No. 613 of 2007, this order shall govern the two revisions which have been heard together on 22.10.2008.2. The petitioner of Cr. Revision No. 138 of 2006 and the petitioner of Cr. Revision No. 140 of 2006, na...

Kundan Kumar Son of Late K.D.P. Verma and Mostt. Sushila Verma W/O Lat ...

Court: Patna

Reported in: 2009(57)BLJR2831

ORDERAbhijit Sinha, J.1. Both the petitioners herein are arrayed as accused in Complaint Case No. 1389(C) of 2005 and through this application they have prayed for quashing of the entire criminal proceeding arising therefrom including the order dated 18.6.2005 passed therein by Sushri Saroj Kumari, Judicial Magistrate, 1st Class, Patna, whereby she has taken cognizance under Sections 406 and 409 IPC and Section 138 N.I. Act.2. One Santosh Kumar Singh, impleaded herein as O.P. No. 2 filed the aforesaid complaint on 17.5.2005 stating inter alia that he is a sub dealer of Toyota Brands from Bebco Motors Pvt. Ltd. and carries out business in the name and style of 'M/s Jagdamba Auto Sales Pvt. Ltd.' in Patna and that accused Kundan Kumar, a businessman at Muzaffarpur, was a good friend by reason whereof there was close intimacy with his mother also. It is alleged that on 27.9.2004 the said Kundan Kumar came to his office at Patna and requested for help of Rs. 5 lacs immediately as the marri...

Gobind Prasad Son of Late Jamuna Prasad Vs. the State of Bihar,

Court: Patna

ORDERAbhijit Sinha, J.1. The informant of Muzaffarpur (Town) P.S. Case No. 293 of 1997 has preferred this application for quashing of the order dated 20.6.2007 passed by Sri Daroga Singh, erstwhile lst Additional Sessions Judge, Muzaffarpur, allowing Cr. Revision No. 266 of 1999, whereby he set aside the order dated 12.10.1999 passed by the then the learned Sub Divisional Judicial Magistrate, Muzaffarpur (East) in the aforesaid police case, whereby he had refused to discharge the accused under Section 245 Cr.P.C.2. The petitioner had submitted a written statement before the Town Police Station inter alia alleging that all the three accused persons named therein had a wholesale business in Sutapatti of clothes and also have a rolling mill in the Bela Industrial Estate and that accused Girdhari Lal Tulsyan was the Managing Director of the said rolling mill and his two sons had equal share therein as partners. It is alleged that some 7 months back all the three accused approached him and ...

Md. Haseen Akhtar Son of Md. Jamal UddIn and ors. Vs. the State of Bih ...

Court: Patna

ORDERAbhijit Sinha, J. 1. The ten petitioners, who have been arrayed as accused in Complaint Case No. 257(C) 2004, have prayed for the quashing of the order dated 25.4.2007 passed therein by Sri Suniti Singh, Sub Divisional Judicial Magistrate, Barh, whereby he has refused to discharge the petitioners from the allegations levelled against them.2. Briefly stated the prosecution case, as made out by the complainant, Farhat Ara, the wife of petitioner No. 1, impleaded herein as Opp. Party No. 2, in the complaint filed by her is that she was married to petitioner No. 1 on 19.4.2002 whereat gifts and dowry was given according to the status of her father. It was alleged that on entry in the matrimonial home, she was subjected to torture and cruelty for non-fulfilment of their dowry demand of a motorcycle and Rs. 25,000/- in cash and for the same, Complaint Case No. 220 (C) of 2002 was lodged, but the same was disposed of on compromise on intervention of well wishers of both families. It is a...

Lalwarti Singh @ Lal Barti Singh Son of Late Vikrama Singh, Vs. the St ...

Court: Patna

ORDERAbhijit Sinha, J.1. The four petitioners are arrayed as accused in Complaint Case No. 1067 of 2006 and have prayed for the quashing of the order dated 30.3.2007 passed therein by the learned Sub Divisional Judicial Magistrate, Kaimur at Bhabhua, whereby cognizance has been taken under Sections 323, 504, 384 I.P.C. and summons have been issued against the petitioners.2. Ravita Devi @ Ravita Kuwar, the complainant, impleaded herein as Opp. Party No. 2, filed the aforesaid complaint inter alia alleging commission of offences under Sections 498A, 504, 406, 384, 420 I.P.C., 3/4 of the Dowry Prohibition Act as also Section 27 of the Arms Act at the hands of the four petitioners on 15.11.2007. According to the complainant, her marriage with Krishna Kumar Singh, since deceased, was solemnized on 24th May, 2001 according to Hindu rites and rituals and on the occasion of the marriage, the brother of the complainant had presented clothes and ornaments worth Rs. 2 Lacs to the in-laws of the c...

Chanda Devi Wife of Choudhary Lalan Prasad Sinha, Vs. the State of Bih ...

Court: Patna

ORDERAbhijit Sinha, J.1. The three petitioners who along with three others have been arrayed as accused in Complaint case No. 398(C) of 2003 and happen to be the parents-in-law and devar respectively of the complainant have prayed for the quashing of the order dated 4.9.2004 passed therein by the learned Sub-Divisional Judicial Magistrate, Madhepura, whereby having taken cognizance under Section 498A IPC and Section 3 of the Dowry Prohibition Act against the petitioners and another he has discharged the remaining two for want of requisite materials.2. One Renu Devi, impleaded herein as O.P. No. 2, filed the aforesaid complaint case on 20.6.2003 inter alia stating that her marriage with accused Sanjay Kumar Sinha was solemnized some 15-16 years ago and from the wedlock Sonali Kumari, now aged about 7 years, was born. It is alleged that shortly after her entry in the matrimonial home the initial cordiality extended to her by the husband, parents-in-law and other relatives suddenly underw...

Sharfun Nabi Son of Late Alay Nabi Vs. the State of Bihar,

Court: Patna

ORDERAbhijit Sinha, J.1. The Complainant of Complaint Case No. 407(C) of 2000 giving rise to Danapur P.S. Case No. 378 of 2000 is the petitioner in this application and he has prayed for the quashing of the order dated 08.03.2007 passed therein by Sri A.L. Yadav, Judicial Magistrate, First Class, Danapur, whereby the petitioner's prayer for release of the amount of Rs. 1,65,000/- in his favour, in terms of order dated 7.4.2004 passed therein has been rejected and he has been directed to file a compromise petition.2. The short facts giving rise to the present application may be noticed briefly. The complaint aforesaid filed by the petitioner herein was transmitted to the concerned Police Station under Section 156(3) Cr.P.C. by the learned Additional Chief Judicial Magistrate, Danapur and on the basis thereof Danapur P.S. Case No. 378 of 2000 was registered under Sections 420, 467, 468 and 471 I.P.C. as also Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'the N....

Amaresh Kumar Raw Son of Chaturbhuj Prasad Raw and ors. Vs. the State ...

Court: Patna

ORDERAbhijit Sinha, J.1. The six F.I.R. named accused of Rajoun P.S. Case No. 135 of 2005 have prayed for the quashing of the order dated 25.11.2006 passed therein by the learned Chief Judicial Magistrate, Banka, whereby he has taken cognizance against the petitioners under Section 302/34 I.P.C. after differing from the final report submitted by the Investigating Officer.2. One Dulari Devi, impleaded herein as Opp. Party No. 2, filed Complaint Case No. 839 of 2005, which was transmitted to the concerned Police Station under Section 156(3) Cr.P.C. and on the basis thereof Rajoun P.S. Case No. 135 of 2005 came to be registered against the petitioners herein under Section 302/34 I.P.C.3. As per allegations made in the complaint petition at about 5.00 A.M. on 9.6.2005, petitioner Nos. 1 and 6 came to her house calling for her son, Kailash Singh, aged about 14 years, whereupon she is said to have informed them of his having gone out to answer the call of nature, on hearing of which they lef...