Patna Court July 2009 Judgments

Ritesh Kumar Son of Late Rameshwar Prasad Singh Vs. State of Bihar and ...

Court: Patna

ORDERAbhijit Sinha, J.1. Both these applications have been taken up together as they arise out of the same order passed in Barauni (Chakaiya) P.S. Case No. 281 of 2004 and having been heard together are being disposed of by this common order.2. Cr. Misc. No. 42212 of 2006 has been preferred by Ritesh Kumar, the husband of the informant, Rashmi Kumari and Cr. Misc. No. 55242 of 2006 has been preferred by Shambhu Nath Sharma and Suchitra Devi @ Suchitra Sharma, the elder brother and bhabhi (sister-in-law) of Ritesh Kumar.3. Whereas the petitioner of Cr. Misc. No. 42212 of 2006 has prayed for the quashing of order dated 4.3.2006 passed therein by the learned Chief Judicial Magistrate, Begusarai, whereby he has taken cognizance under Sections 341, 323, 498A IPC and 3/4 Dowry Prohibition Act. The petitioners of Cr. Misc. No. 55242 of 2006 have prayed for the quashing of the entire criminal proceeding arising from the said police case including the order dated 4.3.2006 passed by the learned ...

Alok Singh Son of Amar Nath Singh, Additional Director, Travel Resourc ...

Court: Patna

ORDERAbhijit Sinha, J.1. The two petitioners, who have been arrayed as accused in Complaint Case No. CA-843 of 2004 giving rise to Sultangunj P.S. Case No. 275 of 2005, have prayed for the quashing of the entire prosecution arising out of the said police case.2. One Ranjan Kumar, the complainant/informant, impleaded herein as O.P. No. 2, filed the aforesaid complaint, inter alia, stating that he is a business man having his own office at Patna, Bangalore and New Delhi and in course of his business he came into contact with the two petitioners and a business relationship developed between them. It is said that the petitioner, Alok Singh, has his own business in Kolkata and some time in the month of March, 2004 he alongwith accused No. 2, Adete Lahere came to the Mohammadpur, Patna, residence of the informant and explained to him about the proposed project in Port Blair and asked the informant to join as Director and purchase shares of their company, M/s. Travel Resources, East India Pri...

Aman Prit Singh Son of Baldev Singh Vs. the State of Bihar and Raj Kum ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner, who is one of the F.I.R. named accused of Complaint Case No. 850(C) of 2007, has prayed for the quashing of the order dated 28.8.2007 passed therein by Sri C.M. Jha, Judicial Magistrate, 1st Class, Danapur, whereby he has taken cognizance of offences under Sections 323, 347 and 384 I.P.C.2. It appears that one Raj Kumar, the complainant, impleaded herein as Opp. Party No. 2, filed the aforesaid complaint inter alia stating that the accused were known to him from before and as he was going to Ranchi in connection with a case pending there, the accused persons called him to Patna to settle the dispute and the complainant believing their assurances came to Patna along with one Shashi Bhushan. It is alleged that on 19.8.2007 the complainant arrived in time at the pre-arranged meeting place, from where the accused took him on a taxi and enroute they requested the complainant to manage the case pending at Ranchi against co-accused Atul Nagpal, being C...

Shashi Kumar S/O Late Sureshwar Sharan Vs. the State of Bihar Through ...

Court: Patna

Navaniti Prasad Singh, J.1. The petitioner is an Assistant Executive Officer of the BIADA and is facing departmental proceeding. He has come to this Court against his order of suspension, as passed by the Managing Director of BIADA, as contained in Annexure 10, as also objecting to appointment of Dr. Girish Kumar, Secretary, BIADA, as Enquiry Officer.2. Learned AAG-3 has appeared on behalf of BIADA and learned Counsel for the State is present.3. With the consent of the parties, this application is being disposed of at this stage itself.4. Mr. S.D. Sanjay, learned Counsel in support of the writ petition submits that as per the decision of the Board of Director of the BIADA, dated 2nd July, 2003 (Annexure 7) and in particular Agenda 6 (Any other item), the Board of Director has taken a decision in relation to departmental proceeding and how and who would conduct the same. It was specifically provided that so far as Gazetted Officers are concerned, it was provided that the departmental pr...

Damanjit Singh Son of Ajit Singh Vs. the State of Bihar and Uma Shanka ...

Court: Patna

Reported in: 2009(57)BLJR3016

ORDERAbhijit Sinha, J.1. The sole accused of Complaint Case No. 304(C) of 2006 has prayed for the quashing of the order dated 10.5.2006 passed therein by the learned Chief Judicial Magistrate, Jamui, whereby he has taken cognizance of offences under Sections 406 and 420 I.P.C. as also Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'the N.I. Act').2. One Uma Shankar Bhagat, the complainant, impleaded herein as Opp. Party No. 2, filed the aforesaid complaint inter alia stating that he is the proprietor of Shaandar Paint Industries and the Managing Director of Shalimar Colours(India) Pvt. Ltd. at Maharajganj in the district of Jamui and in order to expand his business, he was in need of a house at Delhi. On receiving information that the house of the accused in Rajauri Gardens, New Delhi, was vacant, he took the same on rent @ Rs. 11,500/- per month and, accordingly, an agreement dated 17.12.2003 was signed and executed by both the parties. It is alleged that as ...

Ravi Prakash @ Ravi Prakash Narayan @ Pappu Son of Ram Lakhan Prasad V ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner, one of the F.I.R. named accused of Phulwari P.S. Case No. 446 of 2005, claiming himself to be the proprietor of the factory running in the name and style of 'M/s. Shalimar Cement Colour Industries'(hereinafter referred to as 'the factory'), has prayed for the quashing of the order dated 2.3.2007 passed by the learned 6th Additional Sessions Judge, Patna, in Criminal Revision No. 176 of 2006 whereby while dismissing the revision he has rejected the prayer of the petitioner for release of the seized articles belonging to him on the ground of their being amenable to wastage and damage.2. The aforesaid case was registered under Sections 420/34 I.P.C. on the basis of the written reported dated 5.7.2005 submitted by A.S.I.-cum-Incharge of Gopalpur O.P. According to the prosecution case the informant on the orders of the S.D.O., in the company of the personnel of the Central Excise Department and police personnel raided the premises of the factory of t...

Ramesh Kumar Singh Vs. the Zonal Manager

Court: Patna

Samarendra Pratap Singh, J.1. Both the writ applications are taken up together as the issue involved in these two writ applications is as to whether nominee or Joint Account holder would be entitled to withdrawal of the amounts on death of the Account holder in preference to the legal heirs.2. Heard the learned Counsel for the parties.3. One Ranpal Bahadur Singh @ Mohan Jee, was having various bank accounts. Two of the Accounts were with the State Bank of India, Station Road Branch Ara and Allahabad Ara Branch, Ara. The number of Saving Bank Account of S.B.I. is 0119013799 whereas that of Allahabad Bank is 16328. The aforesaid Ranpal Bahadur Singh happened to be father-in-law of petitioner.4. The claim of the petitioner is that Late Ranpal Bahadur Singh @ Mohan Jee opened a Joint Account with the petitioner in the S.B.I. Apart from this the petitioner was also made nominee. Late Ranpal Bahadur Singh also made him his nominee of Saving Bank Account No. 16328 of Allahabad Bank.5. In supp...

Nagina Devi Wife of Late Jagdish Kumar, Vs. the State of Bihar and Man ...

Court: Patna

Reported in: 2009(57)BLJR3031

ORDERAbhijit Sinha, J.1. The four charge sheeted accused of Gardanibagh (Shastrinagar) P.S. Case No. 156 of 2007 have prayed for the quashing of the order dated 26.3.2008 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance under Sections 406, 420 and 120B IPC against all the petitioners.2. The prosecution case is founded on the written report submitted on 7.3.2007 by one Manoj Kumar Sharma claiming to be the Chief Executive of Sundarnagar Grih Nirman Swablambi Sahkari Samittee Ltd. Patna, wherein it was stated inter alia that on 4.4.2006 he had signed a development agreement with petitioner Nos. 3 and 4 on their persuasion in respect of 36 decimals of land appertaining to khata No. 38, survey plot No. 99 at the rate of Rs. 6,50,000/- per katha and at the time of signing of the agreement a cheque of Rs. 3,00,000/- and cash to the tune of Rs. 4,65,000/- was paid to them. It is also stated that the balance amount was paid by cheques and cash on ...

Janak Ram, Son of Late Misri Ram and Vs. State of Bihar and

Court: Patna

Mandhata Singh, J.1. In the case allegation is made that Kusum Lal Mushahar who purchased complainant's land on 21.7.2009 for consideration money of Rs. 3,000/- was really for Rs. 1,300/-, the excess amount was shown when Kusum Lal felt need of the money and he wanted to sell the purchased land. He was approached by the complainant to re-sell, the same was accepted and land in question was returned back. Later, land was sold in favour of these petitioners by Kusum Lal Mushahar.2. Learned Magistrate dismissed the, complaint under Section 203 of the Code of Criminal Procedure finding the case of civil nature. That was challenged by the complainant before the learned Sessions Judge that malafide intention was there in selling the land in favour of these petitioners.3. There are some basic ingredients for a valid sale. Kusum Lal Mushahar, who admittedly purchased the land from the complainant, sold the same in favour of these petitioners. A valid deed was existing in the name of Kusum Lal ...

Ravi Shankar Prasad Yadav Son of Nathu Prasad Yadav Vs. the State of B ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner, one of the F.I.R. named accused of Jakkanpur P.S. Case No. 143 of 2007 registered under Sections 3/4 of the Immoral Traffic (Prevention) Act has prayed for the quashing of the F.I.R. and the entire prosecution arising therefrom.2. The prosecution case is based on the self-statement of J.P. Roy, Inspector-cum- Officer Incharge, Jakkanpur Police Station recorded at about 2.00 A.M. on 20.7.2007. According to the informant, on receipt of confidential information at around midnight in respect of the owner of Bhagwat Hotel in Karbighaya, indulging in illegal activities like prostitution he along with a police party raided the hotel premises and in course of search found couples in room Nos. 101, 104, 105 and 106 in objectionable condition. The petitioner allegedly was found in room No. 104 with two other men and a woman. The men and women found in the said four rooms were arrested and remanded to judicial custody.3. It has been submitted on behalf of ...