Patna Court July 2009 Judgments

Gangotri Electrocastings Ltd. Vs. the Bihar State Electricity Board an ...

Court: Patna

ORDER (ON PETITIONS)' on the basis of the LA. No. 4446 of 2009 but taking into consideration the legal position as enumerated in the case of M/s Bikaner Plasto Flex Pvt. Ltd. v. The State of Bihar & Ors. reported in 2009 (3) PUR 12, no purpose will be served by keeping the writ application pending any further at this stage.3. This writ application itself is being disposed of with liberty to petitioner that he shall file the present application before the designated authority under the purported provision of Section 42(5) of the Indian Electricity Act, 2003 with regard to the dispute of AMG bill which is the subject matter in the present writ application within a week and thereafter the designated authority under the Act would be required to decide the matter after hearing the parties within a reasonable time frame, if not within the statutory period as laid down in this regard.4. Today a supplementary affidavit has been filed wherein electric connection of the petitioner stands restore...

Jitu Rawani Son of Bhusan Singh Vs. the State of Bihar

Court: Patna

Navin Sinha and Dharnidhar Jha, JJ.1. The appellant stands convicted and sentenced to life imprisonment under Section 376 of the Indian Penal Code in Sessions Trial No. 323 of 1997 / 28 of 2001 by judgment and sentence dated 25.4.2003 / 30.4.2003 of the 5th Additional Sessions Judge, Gaya, along with fine of Rupees ten thousand and in the event of default, rigorous imprisonment for one more year.2. The Fard-e-beyan of the victim aged 9-12 years, P.W. 3, marked as Exht. 1, was recorded on 25.7.1996 at about 12.15 P.M. registered as an FIR on 26.7.1996. She stated that on 24.7.1996 at about 3 P.M. she was at home when the appellant who was her neighbour came to her house and persuaded her to accompany him to eat guava. On her declining to do so, he dragged her by the hand to his house. There was none in his house. He locked the door, threw her on the cot, opened his clothes and stood near her. When she cried, he covered her mouth with his hands, opened her undergarments and committed for...

Merry Elizabeth W/O Late Shrikant Tiwary Vs. the Rajendra Agricultural ...

Court: Patna

ORDERJ.N. Singh, J.1. Heard learned Counsel for the petitioner and learned Counsel for the respondents.2. The original petitioner had filed two writ applications for somewhat similar relief. The first writ application mentioned in the cause title (C.W.J.C. No. 10560 of 2001) was filed in view of new cause, of action which arose to the original writ petitioner on account of rejection of his claim for grant of second time bound promotion during the pendency of the second writ application mentioned in the cause title (C.W.J.C. No. 5375 of 2000). Therefore, for convenience sake both the writ applications were tagged together and were taken up together from time to time and they have been finally heard and are being disposed of by this common order. However, due to chronology sake, C.W.J.C. No. 5375 of 2000 shall be referred as First Case and C.W.J.C. No. 10560 of 2001 will be referred as Second Case hereinafter.3. After death of the original petitioner, the present petitioner, his widow, h...

Bhola Shukla Son of Late Jharkhandi Prasad Shukla Vs. State of Bihar a ...

Court: Patna

Reported in: 2009(57)BLJR2997

ORDERAbhijit Sinha, J.1. The petitioner who is the sole accused in Motihari Town P.S. Case No. 91 of 1985 has prayed for the quashing of the order dated 19.9.2007 passed therein by Sri S.K. Srivastava, Judicial Magistrate, Motihari, by which he has allowed the petition of the prosecution filed under Section 311 Cr.P.C. to bring on record certain documents and mark them as exhibits for a just decision in the case.2. The law on the issue remains well settled by the decision in Nesar Ahmed @ Nasser v. The State of Bihar reported in 2007(1) PLJR 216 two paragraphs whereof are very relevant and requires to be quoted with approval.Section 311 of Cr.P.C. consists of two parts i.e. (i) giving a discretion to the court to examine the witness at any stage, and (ii) the mandatory portion which compels the court to examine a witness if his evidence appears to be essential to the just decision of the court. Though the discretion given to the court is very wide, the very width requires a correspondi...

Chandan Kumar Son of Babunand Prasad and Ashish Kumar Son of Padmanand ...

Court: Patna

Reported in: 2009(57)BLJR3051

Shiva Kirti Singh, Acting C.J. and Anjana Prakash, J.1. Heard learned Counsel for the appellants, learned Advocate General appearing for the Slate and other Counsels representing the respondents and the interveners who have filed I.A. No. 1762 of 2009.2. By the order under appeal dated 4.2.2009 the writ petition filed by the appellants bearing C.W.J.C. No. 1781 of 2009 has been dismissed by the writ Court and no interference was made with the action of the respondents to fill up the posts of Sub Inspector of Bihar Police beyond 1510 vacancies advertised through Advertisement No. 704 of 2004.3. The grievance of the appellants/writ petitioners is that by making appointments on posts beyond the number advertised, the respondents are acting arbitrarily and such action will adversely affect the prospect of employment of the writ petitioners and other similarly situated young persons who are aspiring for job under the State Government.4. There is no dispute on facts that against the advertis...

Md. Noor Alam S/O Md. Manjur Alam Vs. the State of Bihar and ors.

Court: Patna

Ajay Kumar Tripathi, J.1. Heard learned Counsel for the petitioner and learned Counsel for the State.2. Though the writ application has been filed way back on 16.10.2008 no counter affidavit has been filed on behalf of the respondent State authority.3. Challenge in the present writ application is to the order dated 9.7.2003 contained in annexure-3 by virtue of which the agreement entered into between the State authority and the petitioner for holding P.D.S. licence has been terminated. Aggrieved by the said order the petitioner is before this Court. The reason for the decision is that the State Government as a policy decision decided to reserve certain shops/licence for the benefit of Scheduled caste and Scheduled Tribes persons and probably to accommodate them this decision had been taken.4. Issue raised in the present writ application is no longer res integra because other writ applications have come to be heard and decided by this Court. One of the said decisions has been taken note...

State of Bihar Vs. Surendra Manjhi and Saryug Manjhi

Court: Patna

Reported in: 2010CriLJ292

Navin Sinha and Dharnidhar Jha, JJ.1. The two appellants, namely, Surendra Manjhi and Saryug Manjhi were tried by the Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. II, Nalanda at Biharsharif, with eight other accused persons for different charges, in Sessions Trial No. 818 of 2005/210 of 2007. The trial ended in judgment dated 6th of June, 2008. While the two appellants were found having committed offences under Sections 147, 148, 458, 120B, 302, 307, 380, 332, 333, 353, 341, 436, 342 read with Section 149 of the Indian Penal Code, besides, Sections 4 and 5 of the Explosive Substances Act and Section 17 of the Criminal Law Amendment Act, the other accused persons facing trial with the two appellants were not found having committed any offence under the Penal Code as also the Arms Act, and accordingly, they were acquitted. The order of sentence was passed by the learned trial court on 9.6.2008 and after hearing both the sides under Section 235 of the Code of Crim...

Mahesh Kumar, Officer-in-charge Vs. the State of Bihar and Abdullah Mi ...

Court: Patna

Reported in: 2009(57)BLJR3037

ORDERAbhijit Sinha, J.1. The petitioner, the erstwhile Officer Incharge, Lauriya P.S. in the district of West Champaran and presently the Officer Incharge, Tariyani P.S. in the district of Sheohar, who along with another police official and 15-20 unknown policemen has been arrayed as accused in Complaint Case No. 733(C) of 2004, has prayed for the quashing of the order dated 4.2.2006 passed therein by Sri R.C. Malviya, Judicial Magistrate, First Class, Bettiah, whereby he has taken cognizance under Sections 323, 504 and 427 I.P.C. against the petitioner and the other named police official.2. The complainant, one Abdullah Mian, impleaded as O.P. No. 2 herein, filed the said complaint on 2.4.2004 alleging commission of offences under Sections 147, 148, 149, 323, 354, 342, and 379 I.P.C. at the hands of the accused at around 6 P.M. on 31.3.2004 at the residence of the complainant at village Kateya within Lauriya P.S. It is alleged that all the accused variously armed with revolvers and ri...

Rekha Devi Wife of Nagendra Singh, Vs. the State of Bihar and

Court: Patna

ORDERAbhijit Sinha, J.1. This application at the instance of three of the purported accused of Manjhi P.S. Case No. 6 of 2003, is for the quashing of the order dated 19.1.2003, whereby processes under Section 83 Cr.P.C. have been issued against them.2. It appears that on the basis of a written report submitted before the Superintendent of Police, Saran at Chapra, in respect of the murder of her son, Manu alias Pankaj Kumar, aged about 7 years, by one Suman Devi, impleaded herein as O.P. No. 2, on 19.1.2003 the aforesaid police case came to be registered under Sections 302 and 201/34 I.P.C. According to the informant her marriage with one Ajit Kumar Singh, was solemnized in the month of June, 1994 and from the wedlock a son Manu Singh was born. It is alleged that Ajit Singh and his family members tortured the informant for non fulfillment of the dowry demand of a motorcycle and on 18.5.2000 they having assaulted her and confiscated all her belongings and taking the minor son in custody ...

Samir Mukherjee @ Sameer Murkrjee S/O Sakti Pada Mukherjee Vs. the Sta ...

Court: Patna

Reported in: 2009(57)BLJR3054

ORDERAbhijit Sinha, J.1. The sole named accused of Complaint Case No. 1636(C) of 2004 has prayed for the quashing of the order dated 4.9.2004 passed therein by Sri Sudhir Kumar Sinha, Judicial Magistrate, First Class, Patna, whereby he has taken cognizance against the petitioner for offences under Sections 406 and 418 I.P.C. as also Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act')2. One Manoranjan Kumar Singh, impleaded herein as Opp. Party No. 2, filed the aforesaid Complaint on 17.7.2004 inter alia alleging the commission of offences under Sections 406 and 420 I.P.C. as also Section 138 N.I. Act by the accused petitioner from 22.5.2004 onwards. According to the complainant, he was introduced to the accused by his cousin, Om Prakash Singh, residing in Durgapur. The accused introducing himself as business associate of Ajit Singh & Co. (hereinafter referred to as 'the Company') with his sweet talk induced the complainant to invest some money in t...