Patna Court July 2009 Judgments

Vikash Kumar Raj Son of Sri Brajnandan Prasad Vs. the State of Bihar,

Court: Patna

V.N. Sinha, J.1. Heard learned Counsel for the petitioner, State and the counsel for Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as 'B.C.E.C.E.B.').2. Petitioner is an M.B.B.S. from S.M.S. Medical College, Jaipur, Rajasthan (hereinafter referred to as the College). He got admitted in the said college after succeeding in the Medical Entrance Examination Test conducted by the Central Board of Secondary Education (hereinafter referred to as 'C.B.S.E.') in the year 1997. Having passed the M.B.B.S. Course from the College in the year 2002 he got himself registered on 22.12.2006 as a medical practitioner with the Bihar Council of Medical Registration. His certificate number is 36347. Petitioner having registered himself as medical practitioner in Bihar wanted to appear in the Post Graduate Medical Admission Test, 2008 conducted by B.C.E.C.E.B. but could not appear in the same in view of Clause 6.1 (i & ii) of the prospectus which provides for Institutional ...

NavIn Kumar @ NabIn Kumar Son of Arjun Prasad and Arjun Prasad Son of ...

Court: Patna

Reported in: 2009(57)BLJR2989

ORDERAbhijit Sinha, J.1. The two FIR named accused of Asthawan (Bind) P.S. Case No. 164 of 2005 arising out of Complaint Case No. 853 (C) of 2005 have prayed for quashing of the order dated 12.12.2007 passed therein by Sri Manoj Kumar, Judicial Magistrate, 1st Class, Biharsharif, whereby differing with the police report he has taken cognizance for commission of offences under Sections 392 and 387/34 IPC.2. One Dharmendra Prasad, impleaded herein as O.P. No. 2, filed Complaint Case No. 853(C) of 2005 against the two petitioners alleging commission of offences under Sections 392 and 387 IPC at their hands in between 11 A.M. and 7.30 P.M. on 10.8.2005. The said complaint on being transmitted to the concerned P.S. under Section 156(3) Cr.P.C. the instant Asthawan P.S. case came to be registered. According to the informant he was a teacher in Middle School, Tiuri, and he was living along with his wife and children at Biharsharif whereas his parents were living at the ancestral village and h...

Bishwanath Thakur S/O Jamuna Thakur Vs. the State of Bihar and Rajeshw ...

Court: Patna

Reported in: 2009(57)BLJR3049

Ajay Kumar Tripathi, J.1. The application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 4.12.2006 passed by leaned Additional Sessions Judge Fast Track Court No. 3, Muzaffarpur in Sessions Trial No. 72 of 1989. By virtue of this order the application filed on behalf of the prosecution for summoning the petitioner to face trial under Section 319 of the Code of Criminal Procedure under Section 302 and other related sections of the Indian Penal Code has been allowed. This is the reason why the present application has been filed.2. The basic facts leading to institution of the case in question is that one Rajeshwar Thakur recorded his fardbeyan on 9.9.1987 at 2.30 P.M. stating therein that on the date of occurrence he along with his companions Ram Chandra Prasad and Raj Kumar, both deceased, went to his house when his wife made a complain with regard to her assault by accused Mahesh Thakur in presence of other accused persons. The informant...

Tripathy Poultry Products Company Sundarpur Through Proprietor Sri Sur ...

Court: Patna

ORDERAbhijit Sinha, J.1. M/S Tripathy Poultry Products Company, Sundarpur, Gyanpur in the district of Bhadohi (Uttar Pradesh) through its proprietor Surendra Mohan Tripathi, impleaded as one of the accused in Complaint Case No. 108(C) of 2007, has prayed for the quashing of the entire criminal proceeding arising therefrom including the order dated 9.5.2007 passed by Sri D.K. Singh, Judicial Magistrate, 1st Class, Patna, whereby cognizance under Sections 406 and 418 I.P.C. and Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'N.I. Act') has been taken.2. M/S Amrit Feeds Ltd., through Mr. Rakesh Kumar, Executive, Accounts, herein impleaded as Opp. Party No. 2, had filed the aforesaid complaint on 11.1.2007 stating therein inter alia that the complainant is a registered Company and is engaged in business of manufacturing, producing and selling its products like poultry feeds in the State of Bihar and adjacent States of Uttar Pradesh, Jharkhand, Orissa, Assam etc. T...

Tri Vikram Mishra S/O Late Ram Prasad Mishra and ors. Vs. State of Bih ...

Court: Patna

Reported in: 2009(57)BLJR2815

ORDERAbhijit Sinha, J.1. Cr. Misc. No. 44440 of 2006 filed by Anand Kumar Mishra and Cr. Misc. No. 34241 of 2006 preferred by the remaining six persons arrayed as accused in Complaint Case No. 2319(C) of 2005 have been taken up together as in both the applications a prayer has been made for quashing of the order dated 21.10.2005 passed in the said complaint case by the learned Sub Divisional Judicial Magistrate, Patna, whereby cognizance has been taken under Sections 498A and 406 IPC as also Section 3/4 of the Dowry Prohibition Act and having been heard together are being disposed of by this common order.2. The facts of the complaint case may be noticed with relative brevity. One Pushpa Mishra, the complainant and wife of petitioner Anand Kumar Mishra, impleaded in both cases as O.P. No. 2, filed the aforesaid complaint inter alia alleging commission of offences under Sections 498A, 406, 324 and 307/34 IPC and 3/4 of the Dowry Prohibition Act at the hands of the accused on 2.7.1995, se...

Neelam Devi Wife of Bishwanath Prasad Vs. State of Bihar and Chandra B ...

Court: Patna

ORDERAbhijit Sinha, J.1. The informant of Jehanabad P.S. Case No. 409 of 2000 has prayed for quashing of the order dated 16.9.2005 passed therein by the learned Chief Judicial Magistrate, Jehanabad, whereby he has taken cognizance of offences punishable under Sections 448, 342, 376, 380 IPC against only three of the five FIR named accused and has exonerated accused Chandra Bhushan Prasad, impleaded as O.P. No. 2 herein, by accepting the final form submitted against him without hearing the petitioner, although a protest petition filed by him was pending on the records. A further prayer has been made for issuing direction to take cognizance against the said Chandra Bhushan Prasad in the above mentioned case.2. According to the informant, Neelam Devi, as contained in her written report submitted to the police on 19.9.2000 she is a resident of Jafarganj within P.S. and District Jehanabad even as her husband carries on business in Gaya where he commutes every day and she is left alone in th...

The State of Bihar Vs. Bimlendu Shekhar, Advocate

Court: Patna

Shiva Kirti Singh, J.1. It is a contempt proceeding against Shri Bimlendu Shekhar, an advocate at Gopalganj, a district town of Bihar. The proceeding has commenced on a reference made by a Judicial Magistrate posted at Gopalganj. The reference under Section 15(2) of the Contempt of Courts Act 1971 (hereinafter referred to as 'the Act'.) has been made after conducting an enquiry as provided under the Patna High Court Rules. The reference made by the learned Judicial Magistrate on 14-10-1999 contains a show cause notice issued to the contemnor in course of enquiry, reply to the show cause filed by the contemnor supported by his affidavit and some other materials.2. Shorn of un-necessary details the reference discloses that on 17-8-99 at 11 A.M. when the learned Magistrate was sitting in the court room and listening arguments of lawyers, the contemnor came and threw a bundle of papers at the Bench and went away. The contents of those papers were to the effect that the Magistrate meets acc...

S.G. Projects Ltd. and Etc. Vs. State of Bihar and ors.

Court: Patna

Reported in: AIR2009Pat187

ORDERNavaniti Prasad Singh, J.1. In these two writ petitions, the petitioners challenge the action of the respondents in not finding them technically fit and, thus, not considering their financial bids for being appointed as coal coordinator of respondent-Bihar State Mineral Development Corporation Limited and are equally aggrieved by selection of respondent No. 6 in both the writ petitions for the said purpose.2. As would be seen from the discussion in detail later on in this judgment, the job of the coal coordinator is to lift and distribute coal which is allotted to the Corporation under the new Coal Distribution Policy, 2007 issued by Ministry of Coal, Government of India. This appointment is to be on basis of profit sharing as between the appointed coal coordinator and the Corporation aforesaid.3. In this country, almost all coal mines are controlled by Government Companies, principally Coal India Limited and its subsidiary Companies. Different policies were laid down by Ministry ...

Daya Shankar Singh Son of Late DIn Dayal Singh Vs. the State of Bihar

Court: Patna

ORDERAbhijit Sinha, J.1. This is the second attempt by the sole F.I.R. named accused of Shri Krishnapuri P.S. Case No. 82 of 2005, registered under Sections 420, 468 and 471 I.P.C. after the earlier attempt being Cr.W.J.C. No. 357 of 2007 was dismissed as withdrawn with liberty to file fresh writ application, if so advised, by order dated 14.5.2007.2. The instant writ application has been filed on 19.7.2007, i.e. after about two months' time following the earlier writ application being dismissed as withdrawn and no reasons have been assigned as to what necessitated filing of the instant writ application, save and except a bald statement that the petitioner had been advised to file a fresh criminal writ for quashing of the said P.S. Case.3. The aforesaid police case was registered on the basis of a written report submitted by one P.S. Kansal, the erstwhile Dy. Director, Navodaya Vidyalaya Samiti, Regional Office, Patna, inter alia alleging that the petitioner, the then Dy. Director, Nav...

Devendra Prasad Singh S/O Late Ram Saran Singh Vs. State of Bihar and ...

Court: Patna

Reported in: 2009(57)BLJR2818

ORDERAbhijit Sinha, J.1. The petitioner, the sole FIR named accused of Jamui P.S. Case No. 123 of 1991, G.R. No. 793 of 1991, through this application has prayed for the quashing of the entire proceeding arising therefrom including the order dated 22.11.1995 passed therein by the learned Chief Judicial Magistrate, Jamui, whereby he has taken cognizance for offences under Sections 419, 420, 467 and 409 IPC. The petitioner has further prayed for the quashing of the order dated 25.1.2000, whereby he has been declared an absconder.2. The Senior Regional Manager, Land Development Bank, Bhagalpur, impleaded herein as O.P. No. 2, gave a written report to the Officer Incharge, Jamui P.S. on 22.8.1991, inter alia, alleging therein that the sole accused, Devendra Pd. Singh, who at the relevant time was the Branch Manager of the Jamui Branch of the Land Development Bank, had committed forgery in the disbursement of loan to 138 farmers in the year 1987 - 88 and mis-appropriated a sum of Rs. 10,83,...