Patna Court June 2009 Judgments

Sukhdeo Bhagat Son of Late Sagar Bhagat and anr. Vs. the State of Biha ...

Court: Patna

ORDERAbhijit Sinha, J.1. The F.I.R. named accused of G.R. No. 1085 of 2000, Begusarai Town (Harijan) P.S. Case No. 7 of 2000, arising out of Complaint Case No. 410(C) of 2000 through this application have prayed for the quashing of the order dated 2.11.2006 passed in Criminal Revision No. 50 of 2006 by the learned Presiding Judge, Fast Track Court No. V, Khagaria, whereby while allowing the said revision filed by the informant, he has set aside the order dated 24.3.2006 passed by the learned Sub Divisional Judicial Magistrate, Khagaria in the aforesaid police case. By the said order, the learned Magistrate rejected the petition under Section 216 Cr.P.C. filed by the prosecution for addition of charge under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the SC/ST Act').2. One Bijo Mochi, who was subsequently upon his death, substituted by his wife Alkhi Devi, impleaded herein as O.P. No. 2, filed the aforesaid co...

Tarachand Agarwal Alias Tarachand Son of Late Rameshwar Agarwal, Vs. t ...

Court: Patna

ORDERAbhijit Sinha, J.1. Three of the Four F.I.R. named accused of Thakurganj (Sukhani) P.S. Case No. 96 of 1998 have filed this application for quashing of the entire criminal proceedings including the order dated 21.12.2006 passed therein by the learned Chief Judicial Magistrate, Kishanganj, whereunder he has taken cognizance against the petitioners under Sections 406 and 420 I.P.C.2. One Riyaz Ahmad, impleaded herein as O.P. No. 2, filed a Complaint Case No. 758 of 1998 for alleged commission of offences under Sections 420, 295A, 384, 406, 153, 153A and other allied Sections of the Penal Code at the hands of the accused named therein on 6.8.2008 before the learned Chief Judicial Magistrate, Kishanganj which was transmitted to the concerned police station under Section 156(3) Cr.P.C. which formed the basis for registration of the aforesaid police case.3. According to the complainant/informant the villagers of Bhelaguri had donated their lands in the name of 'Bharat Yatra Kendra' to E...

Dr. (Mrs.) Pramila Gupta, Wife of Dr. A.K. Gupta Vs. the State of Biha ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner, who has been made to figure as one of the accused in Complaint Case No. 712(C) of 2006, through this application has prayed for the quashing of the order dated 14.6.2006 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offence under Section 304A I.P.C. and has issued summons against the petitioner.2. One Savitri Devi, wife of Jagdish Chandra Gupta, impleaded herein as O.P. No. 2, filed the aforesaid complaint inter alia alleging that at around 1 P.M. on 8.3.2006, the complainant's daughter Moni Arora, since deceased, delivered a male child by caesarian section by the petitioner in her clinic and that after the delivery the victim developed stomach pain and nausea on regaining consciousness. The petitioner is said to have examined the victim and gave some medicines from her stock. It has also been alleged that the medicines purchased for the victim was misused by accused No. 3, the compounder in t...

Ganesh Prasad Ray Son of Late Kalu Ray and Rajdeo Ray Son of Sri Ganes ...

Court: Patna

ORDERAbhijit Sinha, J.1. The two petitioners, who are F.I.R. named accused in Dandkhora P.S. Case No. 59 of 2003 as also in the Protest-cum-Complaint Petition No. 449 of 2005 filed by the informant/complainant against the final form submitted by the police in the aforesaid police case, have prayed for the quashing of the order dated 15.12.2005 passed in the said Complaint Case No. 449 of 2005 dismissing the complaint and the consequential order dated 27.2.2007 passed in Cr. Revision No. 185 of 2005 of Sri Mazahar Imam, the learned Sessions Judge, Katihar, whereby he allowed the revision and remitted the case back to the court below to pass appropriate orders in accordance with law on the basis of the materials available on the record in the light of the observations made.2. One Sushil Kumar Sinha, the complainant/informant, impleaded herein as Opp. Party No. 2, initially filed a Complaint Case No. 8182 of 2003 on 18.11.2003 against the petitioners for commission of offences under Secti...

Dr. Vikas Singh S/o Sri Umesh Prasad Singh Vs. the State of Bihar thro ...

Court: Patna

Mridula Mishra, J.1. Heard the parties.2. Petitioner had initially filed this application for a direction to the respondent Patna University not to publish result of M.D. (General Medicine) 2005-2008 and to conduct fresh examination of clinical/viva voce and practical by constituting a team of externals, who are experts in the field of medicine. Further, prayer was to set up enquiry into the manipulation made by respondent No. 6 in the matter of examination and result in M.D. (General Medicine) 2005-2008 and to take suitable action against respondent No. 6 for abusing the high office.3. During the pendency of the writ application, petitioner has filed a number of interlocutory applications vide I.A. Nos. 6064, 6223 and 6224 of 2008 and also I.A. No. 7300 of 2008. I.A. No. 6064 of 2008 was filed with a prayer to call for entire records connected with M.D. (General Medicine) 2005-2008 examination and evaluation and for a direction not to destroy answer books of candidates of theory paper...

Radha Krishna Upadhya Son of Late Am Nishoch Upadhya Vs. the Union of ...

Court: Patna

Reported in: 2009(57)BLJR2987

ORDERS.N. Hussain, J.1. Heard learned Counsel for the petitioner.2. No one appears on behalf of the respondents even after due service of notice.3. This petition has been filed for review of order dated 25.11.1997 passed by a Bench of this Court in C.WJ.C. 767 of 1997 dismissing the said writ petition holding that the order under challenge was appealable under Rule 28 of the Central Reserve Police Force Rules 1955 (hereinafter to be referred as the Rule) and the petitioner has not exhausted the alternative remedy of appeal.4. Learned Counsel for the petitioner submits that petitioner was a personnel of Central Reserve Police Force in the rank of Sub Inspector and was posted in Jammu and Kashmir. He further submits that Respondent No. 2, Additional D.I.G.P.-cum-Estate Officer, GC Group Centre, C.R.P.F. Mokamaghat, Patna, issued order dated 3.9.1996 for recovery of damage at the rate of Rs. 986 P.M. with effect from 1.5.1996 till vacation of Government quarter from the pay of the petitio...