Patna Court August 2009 Judgments

Sumit Sen, Resident Editor, Times of India, Vs. the State of Bihar and ...

Court: Patna

ORDERAbhijit Sinha, J.1. Both these applications have been taken up together as the complainant in both the cases happen to be the same Bihar Industrial Area Development Authority (hereinafter referred to as 'the BIADA') and the petitioners are offices of News daily, 'Times of India' and the issues involved relates to publication of certain news items in the said News Daily in respect of the inaction of the Authority and having been heard together are being disposed of by this common order.2. The petitioners of Cr. Misc. No. 49987 of 2007 are Resident Editor, Assistant Resident Editor and Reporter of the news paper, Times of India, along with others have been impleaded as accused in Complaint Case No. 1968(M) of 2007 and have prayed for the quashing of the entire prosecution arising out of the same case including the order dated 26.6.2007 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance of offences under Sections 500, 501, 502, 109 and 120...

Smt. Sharmishtha Sinha Vs. Commissioner of Income-tax and anr.

Court: Patna

Reported in: [2010]321ITR271(Patna)

1. The assessee has preferred this appeal under the provisions of Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), challenging the order dated November 7, 2001, passed by the Income-tax Appellate Tribunal, Patna Bench, Patna, in I. T. (SS) A. No. 106/(Pat)/1997, for the block period 1986-87 to 1996-97, affirming the order dated November 28, 1997, passed by the learned Assistant Commissioner of Income-tax, Patna, being the assessing authority.2. A brief statement of facts essential for the disposal of the appeal may be indicated. The appellant claims to be an employee in the Department of Prisons of the undivided State of Bihar. Her husband, Dr. Shashi Kumar Singh, was an employee in the Department of Animal Husbandry, of the undivided State of Bihar. In or around 1995 or 1996, a major scam in the Department of Animal Husbandry was busted showing involvement of a large number of Government servants. One Dr. Shyam Bihari Sinha, a resident of Ranchi and sen...

Nagina Khatoon W/O Ali Imam D/O Late Abdul Hafiz Vs. the State of Biha ...

Court: Patna

Mandhata Singh, J.1. Heard both the parties.2. The prosecution case in brief basing on complaint of the informant, Nagina Khatun, W/o Md. Ali Imam is that the complainant was married seven years ago with accused No. 1. After the marriage, accused started demanding Rs. 30,000/- for opening of a tailoring shop which could not be fulfilled. Really her father was not in a position to fulfill her demand. As the demand could not be fulfilled, accused started assaulting the complainant. Once, they tried to kill her by setting fire on her person. Anyhow she could save her. The accused persons snatched away all valuables and driven out from the house. Thereafter, she took shelter at her mother's place and filed the present case.3. Cognizance has been taken in the case for the offences under Section 379, 498A of the I.P.C. and 3/4 of the Dowry Prohibition Act. After concluding the trial, learned Magistrate acquitted all the accused persons. Questioning the legality, correctness and propriety, th...

Narendra Kumar @ Singh Vs. the State of Bihar and ors.

Court: Patna

S.P. Singh, J.1. The issues relate to seizure of buses, trucks and other vehicles during election period may it be Parliamentary, State or Panchayat. The vehicles are seized for purposes of maintaining law and order or for movement of security forces from one district to other or directly for election purposes itself. At times the vehicles are seized in one district and passed on to the other districts. In some cases the vehicles are passed to different agencies. The vehicles at times are released in the same district and sometimes in other districts.2. The State Government has thus fixed the compensation for various types of vehicles payable to the owners on day to day basis to compensate for deprivation of their vehicles. The aforesaid decision of the State Government has been communicated in letter dated 7.10.2005 issued by the Commissioner cum Secretary, Transport Department in view of letter No. 1-008/05-2409 dated 6.8.2005 of Chief Electoral Officer cum Commissioner and Secretary...

Santosh Kumar Maurya @ Santosh Kumar Son of Parshuram Maurya Vs. the S ...

Court: Patna

ORDERAbhijit Sinha, J.1. The petitioner who has been arrayed as one of the accused in Complaint Case No. 1014(C) of 2001 has prayed for the quashing of the whole of the criminal proceeding arising therefrom including the order dated 9.11.2001 passed therein, whereby the learned Chief Judicial Magistrate, Rohtas at Sasaram, has taken cognizance under Sections 406, 498A IPC as also Sections 3/4 Dowry Prohibition Act against all the accused including the petitioner.2. The complainant, one Ramashish Singh, impleaded herein as O.P. No. 2, the father-in-law of the petitioner filed the aforesaid complaint case inter alia alleging therein that the marriage of his daughter Savita Devi was solemnized with the petitioner Santosh Kumar Maurya on 24.2.2001 whereat gold ornaments, clothes and refrigerator, cooler and other items worth Rs. one lac, were presented to the bride and on the following day his daughter left for the matrimonial home accompanied by her brother Sanjay Kumar. It is said that c...

Raj Kumar Chaddha Son of Late Sant Ram Wrongly Mentioned in the Compla ...

Court: Patna

Abhijit Sinha, J.1. The two petitioners, who along with another have been arrayed as accused in Complaint Case No. 355 of 2003, have prayed for the quashing of the order dated 9.7.2004 passed therein by Sri Ram Chandra Sahni, learned Sub Divisional Judicial Magistrate, Bagaha, whereby he has taken cognizance under Sections 406 and 120B I.P.C. and has issued summons for their appearance.2. One Rajesh Kumar Pandey, the complainant, impleaded herein as Opp. Party No. 2, filed the aforesaid complaint on 22.5.2003 inter alia alleging criminal breach of trust against the petitioners in relation to payment of cane price for the sugarcanes said to have been supplied by him to M/s H.M.P. Sugars Ltd. (hereinafter referred to as 'the Factory') of which the petitioners are high officials during the period 1999-2000 and 2000-2001 crushing seasons. The complainant claims himself to be a practicing lawyer in the district court. He also claims to have undertaken cane farming as another source of his l...

Kailash Baitha, Son of Late Bali Baitha and Vs. State of Bihar and

Court: Patna

ORDERAbhijit Singh, J.1. The two petitioners who are arrayed as accused in Complaint Case No. 45 of 2005 have prayed for the quashing of the order dated 10,6.2005 passed therein by Sri R.K. Tripathi, Judicial Magistrate, 1st Class, Gopalgunj, whereby he has taken cognizance against the two accused under Section 376/511 IPC and has directed for issuance of summons against them.2. The prosecution case based on the complaint petition filed by Lakhpati Devi, impleaded herein as O.P. No. 2, is that on the night of the occurrence the complainant was sleeping with her children in her hut when both the accused entered into the hut by opening the door (ghachare). In the meantime the complainant woke up seeing which accused Bindeshwar Baitha put a knife to her neck and threatened her to keep quiet or else she with her children would be killed. Thereafter accused Kailash Baitha threw her on to the ground and then the two accused took turns to rape her. Her cries arising out of the pain and suffer...

Sarbdeo Singh Son of Late Sheodhyan Singh Vs. the State of Bihar,

Court: Patna

Ajay Kumar Tripathi, J.1. Petitioner has challenged the order dated 3.1.2000 passed by the District Magistrate, Bhojpur in Cr. Misc. No. 26 of 1993 by virtue of which the arms licence, which is a double barrel gun, stands cancelled for the reasons indicated therein. An appeal filed before the Divisional Commissioner, which is Arms Appeal No. 08 of 2000, was also dismissed by order dated 30.9.2008. Both the orders are impugned in the present writ application as anncxures 6 and 7 respectively.2. The background to the present action of the respondent authorities is that an FIR was lodged on 28/29.4.1993 what is known as Udwant Nagar P.S. Case No. 76 of 1993.As per the FIR the petitioner and his other family members and criminal elements entered the house of the informant, fired indiscriminately, injured a few persons and killed two male and two female members in cold blood. The reason is supposed to be a land dispute between the parties for which civil litigations have been going on for m...

Jagdish Prasad Chouhan S/O Late Ram Lakhan Prasad Chouhan, Presently P ...

Court: Patna

1. Heard Mr. Bindhyachal Singh, Counsel for the petitioner and Mr. Manoj Kumar Sinha, Counsel for the opposite party No. 1.2. The matter has been listed for considering the maintainability of revision application. The petitioner, who was not impleaded as a party in the proceedings before the Family Court, has filed this petition under Section 115 of the Code of Civil Procedure challenging the order dated 10.8.2007 of the Family Court, whereundcr the said petitioner has been impleaded as a second respondent and certain allegations have also been incorporated by way of amendment.3. The office note points out that revision is not maintainable in view of the provision of Section 19(5) of the Family Courts Act.4. Learned Counsel for the petitioner submits that since the order passed by the Family Court is an interlocutory order, it is not appeable under Section 19(1) and, therefore, a revision will be maintainable. However, in view of the specific bar contained in Section 19(5), such revisi...

Mausami Bano @ Mosma Banu W/O Abdul Jabbar, Vs. State of Bihar and Jah ...

Court: Patna

Abhijit Sinha, J.1. The three petitioners who have been arrayed as accused in Complaint Case No. 1383 of 2007 have prayed for the quashing of the order dated 23.11.2007 passed therein by Sri Raman Kumar, Judicial Magistrate, 1st Class, Katihar, whereby he has taken cognizance of offences under Sections 417 and 420 IPC.2. One Jahrul Islam, the complainant, impleaded as O.P. No. 2 herein, filed the said complaint against the accused, inter alia, alleging that accused Nos. 2 and 3 visited his house some 7 months ago assured him to arrange for appointment of his widowed daughter in the Gram Panchayat where appointments were to be made shortly and he should arrange for money. The complainant went to petitioner No. 1 who is the Mukhiya along with his son and enquired about the demand and statement of petitioner No. 3 upon which petitioner No. 1 demanded Rs. one lac for the appointment to the widowed daughter of the complainant and directed the complainant to deposit the money with petitioner...