Patna Court August 2009 Judgments
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Seema Kumari Wife of Ashutosh Kumar @ Santosh Kumar and Daughter of Sr ...
Court: Patna
Decided on: Aug-19-2009
ORDERAbhijit Sinha, J.1. All the five petitioners, who are arrayed as accused in Complaint Case No. 1073(C) of 2006, have prayed for the quashing of the order dated 2.1.2007, passed therein by the learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, whereby he has taken cognizance of the offence under Sections 380 and 451 I.P.C. against all the petitioners.2. One Ashutosh Kumar alias Santosh Kumar, impleaded herein as O.P. No. 2, filed the aforesaid complaint inter alia stating that his marriage with Seema Kumari was solemnized on 9.5.2003 at Barbigha whereafter the newly wedded couple travelled to husband's home at Village Naurojpur in the district of Nalanda. Having spent a few days in matrimonial bliss the complainant travelled to Goa for earning his livelihood leaving his wife at the matrimonial home and, at Goa having secured a job of a driver, he brought his wife over to Goa to join him in the month of May, 2004. However, it is alleged, having spent 2-3 months toge...
Priyanka Hansa and ors. Vs. State of Bihar and anr.
Court: Patna
Decided on: Aug-19-2009
Sheema Ali Khan, J.1. Heard counsel for the parties.2. This application has been filed challenging the order dated 09.08.2008 passed by the Additional Sessions Judge -IV, Patna in Cr. Revision No. 266 of 2008 and order dated 23.04.2008 passed by Sri Deepak Kumar Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2214(c) of 2006 wherein the learned courts below have refused to discharge the petitioners for the offences under Sections 420, 406, 379, 323, 211 and 120B of the Indian Penal Code.3. The facts that are relevant to decide the issue in this case are as follows:The petitioner No. 1 Priyanka Hansa had instituted the First Information Report alleging torture by her husband, father-in-law and mother-in-law after her marriage. In the said First Information Report, it has been stated that the petitioner was married with Rajeev Ranjan Priyadarshi on 8th July, 2003. 4. The reception took place on 12th July 2003 and she left for Patna to appear in the Library & Science Ex...
Sudhir Kumar, Vs. the State of Bihar,
Court: Patna
Decided on: Aug-19-2009
ORDERAbhijit Sinha, J.1. This application by three of the F.I.R. named accused of Darbhanga (Town) P.S. Case No. 168 of 2006 is for the quashing of the order dated 10.4.2007 passed therein by the Chief Judicial Magistrate, Darbhanga, whereby he has taken cognizance of offences under Sections 498(A), 363, 366(A), 376 and 380 I.P.C. and Sections 3/4 of the Dowry Prohibition Act only against the petitioners herein and has dropped the proceedings of the case against the remaining three accused by accepting the final form submitted against them by the police.2. The aforesaid case was registered on the basis of a written report submitted by one Raj Kumar Bhagat, impleaded herein as O.P. No. 2, who stated that from amongst his two daughters and three sons, the marriage of his eldest daughter, Ranjana alias Guria, was solemnized with petitioner No. 2, Satish Kumar, on 6.7.2006 and at the time of the marriage ceremony itself bickerings over dowry demands had ensued. It is alleged that thereafte...
Ramkali Devi Wife of Bageshwari Singh and ors. Vs. the State of Bihar ...
Court: Patna
Decided on: Aug-19-2009
ORDERAbhijit Sinha, J.1. This application by the named accused of Complaint Case No. 1107 of 2001 is for the quashing of the order dated 5.12.2007 passed in Cr. Revision No. 25 of 2006/58 of 2006 by the learned Presiding Judge, Fast Track Court No. IV, Gaya, whereby he has set aside the order dated 21.4.2006 passed by Sri S.B.P. Singh, Judicial Magistrate, First Class, Gaya, whereunder he had dismissed the petition filed by the complainant for cancellation of bail of the petitioners. By the impugned order directions were also issued to the learned Magistrate to pass a fresh order keeping in mind the ratio of the case of Usha Devi v. State of Bihar reported in 2006 (3) PLJR 200.2. It appears that one Doha Devi, impleaded herein as O.P. No. 2, filed the aforesaid complaint alleging commission of offences under Sections 147, 148, 149, 120-B, 452, 380, 323, 417, 420, 467 and 363 I.P.C. and after inquiry cognizance was taken under Sections 147, 323 and 363 I.P.C. and summons were issued. Th...
Subhash Kumar Son of Late DIn Bandhu Sharma Vs. the State of Bihar and ...
Court: Patna
Decided on: Aug-19-2009
Abhijit Sinha, J.1. The petitioner who has been arrayed as one of the accused in Complaint Case No. 1258 (C) of 2005 has prayed for the quashing of the order dated 6.12.2006 passed therein by the learned Sub Divisional Judicial Magistrate, Nalanda at Biharsharif, whereby he has taken cognizance under Sections 304-B/34 and 201/34 I.P.C. against all the accused including the petitioner and has directed the office to issue non bailable warrants against the accused.2. The aforesaid complaint case was filed on 5.12.2005 by one Kamlesh Kumar Sharma, impleaded as O.P. No. 2 herein, for an occurrence allegedly taking place on the night of 8.11.2005. It was stated inter alia that the marriage of the complainant's sister Baby Kumari was solemnized some five years back at the complainant's house at Harnaut Bazar whereat Rs. 3.75 lakhs in cash, gold and silver ornaments worth Rs. 1,00,000/- and household goods and furnitures worth Rs. 50,000/- were given to her in-laws. It is alleged that after Ba...
Smt. Shanti Rani Sinha Wife of Dr. Ram Chandra Singh and Sarbjeet Kuma ...
Court: Patna
Decided on: Aug-18-2009
ORDERAbhijit Sinha, J.1. The two petitioners herein have filed this application for quashing of the order dated 3.1.2005 passed in G.R. No. 271 of 2004 by the learned Chief Judicial Magistrate, Nawadah, whereby he has taken cognizance against the petitioners under Section 18(a)(vi) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as 'the Act') punishable under Section 27(d) of the said Act for alleged contravention of several sub rules of Rule 65 of the Rules.2. The prosecution case, inter alia, is that on 15.9.2004 the retail business premises of M/s Shanti Medical Hall was inspected by the Drugs Inspector, Nawadah, in presence of petitioner No. 2 in course whereof the Pharmacist was found absent and the refrigerator was found to be on. On demand sale invoices, purchase invoices were not produced and some physicians' samples and drugs with expired dates were also found kept in the shop. A show cause notice was also issued to the petitioner and after consideration of the s...
Chhajuram Agarwal Son of Sri Maman Chandra Agarwal Proprietor of Peeru ...
Court: Patna
Decided on: Aug-18-2009
ORDERAbhijit Sinha, J.1. The petitioner, the proprietor of Peeruka Textiles, Ichal Karanji, P.S. Shivajee Nagar, District Kolhapur, Maharashtra, who along with his brother has been arrayed as accused in Complaint Case No. 2059(C) of 2005 has prayed for the quashing of the entire criminal proceeding arising therefrom including the order dated 26.7.2005 passed therein by the learned Sub-Divisional Judicial Magistrate, Patna, whereby he has taken cognizance under Sections 406, 420 and 120B IPC against both the accused.2. The complainant, one Urmila Agrawal, proprietor of Weltex (India) Rajendranagar, Patna, impleaded herein as O.P. No. 2, filed the aforesaid complaint inter alia stating that her firm deals in wholesale supply of clothes and in the year 2003 both the accused came to her office in Rajendranagar, and disclosing their identity requested her to supply clothes to them. It is alleged that both the accused thereafter kept visiting her office and on each occasion tried to explain ...
Sunil Kumar @ Sunil Kumar Paswan Son of Nathuni Paswan Vs. the State o ...
Court: Patna
Decided on: Aug-18-2009
ORDERAbhijit Sinha, J.1. This application has been filed on behalf of the petitioner for quashing the order dated 5.1.2008 passed by the Sub Divisional Judicial Magistrate, Muzaffarpur East, in a case registered under Section 7 of the E.C. Act and 407, 479 and 420 I.P.C. arising out of Muzaffarpur (Sadar) P.S. Case No. 3 of 2008, by which the petitioner's prayer for release of his truck bearing Registration No. BR-06G-1639 has been rejected.2. The prosecution case as set out, inter alia, is that the truck in question was seized with 236 bags of rice. The rice bags were being unloaded from the truck in question some distance away from Kishore Petrol Pump, Ram Dayalu Nagar, Muzaffarpur. The driver and cleaner fled away. The rice bags found on the truck were packed in the bags with mark of F.C.I. It was suspected that the rice was being sold in black market which is punishable under Section 7 of the E.C. Act. The truck and the rice loaded thereupon were seized. The petitioner has claimed ...
Prabhash Kumar S/O Sri Kuleshwar Yadav Vs. the State of Bihar and Biha ...
Court: Patna
Decided on: Aug-18-2009
ORDERAbhijit Sinha, J.1. The petitioner has filed this application for the quashing of the First Information Report of Patliputra P.S. Case No. 137 of 2007 registered under Section 135 of the Electricity Act, 2003 (hereinafter referred to as 'the Act').2. The Assistant Electrical Engineer, PESU conducted a raid in the premises of Saryug Vihar Complex which was under construction and found some persons indulging in theft of electrical energy by illegally taking connection from overhead L.T. supply line by means of tapping and thereby caused revenue loss to the Bihar State Electricity Board (hereinafter referred to as 'the Board') to the tune of approximately Rs. 34,000/-.3. The specious stand of the petitioner is that he having paid the full amount of the bill issued to him is entitled to protection of Sub-section (3) of Section 152 of the Electricity Act which provides for compounding of offences on acceptance of money in accordance with Sub-section (1) of Section 152 of the Act and is...
Nandu Sao, Son of Late Mahangu Sao and ors. Vs. the State of Bihar and ...
Court: Patna
Decided on: Aug-18-2009
ORDERAbhijit Sinha, J.1. All the six petitioners have been arrayed as accused in Complaint Case No. 1935 (C) of 2004 and have prayed for the quashing of the order dated 9.2.2007 passed therein by Miss Saroj Kumari, Judicial Magistrate, First Class, Patna, whereby she has rejected the prayer of the petitioners for discharging them under Section 245 Cr.P.C. from the offence under Sections 323 and 379 IPC.2. The prosecution case based on the complaint petition filed by one Dhananjay Kumar, impleaded herein as O.P. No. 2, on 17.8.2004 is that petitioner No. 1 and his son Sanjay Sao (petitioner No. 2) came to his house at about 8 P.M. on 15.8.2004 and informed him of his father-in-law being seriously ill and was required to be treated immediately whereupon the complainant took Rs. 20,000/- in cash and along with the aforesaid two accused rushed for his father-in-law's house at Bhutnath Road.3. Having travelled for some distance both the accused made the complainant sit in a Maruti car and d...
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