Patna Court October 2010 Judgments
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Atiqure Rahman. Vs. State of Bihar.
Court: Patna
Decided on: Oct-25-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 21.11.2006 passed by the learned Chief Judicial Magistrate, Motihari . By the said order, learned Chief Judicial Magistrate, Motihari was prima facie satisfied that offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act was made out in Mehasi P.S. Case No.51 of 2005 and directed for issuance of processes against the petitioner and one Abdul Haque @ Hazi Abdul Haque Ansari.2. At the very outset, learned counsel for the petitioner has submitted that in case of Abdul Haque @ Hazi Abdul Haque Ansari, this Court had quashed the order, whereby processes were directed to be issued against both the accused, i.e. Abdul Haque @ Hazi Abdul Haque Ansari and this petitioner and the matter was remitted back to the learned Magistrate for passing a fresh order.3. Short fact of the case is that initially an F.I.R....
Rajmani Prasad Siha, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-25-2010
1. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire prosecution in Complaint Case No.2035C of 2005 as well as order dated 27.9.2006 passed by Shri D.L. Prasad, Judicial Magistrate, Ist Class, Begusarai. By the said order, learned Magistrate has taken cognizance of offence under Sections 323, 500, 190, 199, 218, 203, 200, 168 and 420/120B of the Indian Penal Code.2. Short fact of the case is that the opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Begusarai, which was numbered as Complaint Case No.2035C of 2005, against three accused persons including two petitioners, who are before this Court. It was alleged that the son of complainant was student of G.D. College, Begusarai in the course of B.Sc. (Honours) for the Sessions 1999-02. It was alleged that despite the fact that the son of complainant had appeared in Part-III examination, his result was ...
Gayatri Devi, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-25-2010
1. Petitioner nos.1 and 2 were sister- in-law of opposite party no.2. Petitioner nos.3 and 4 were mother-in-law and father-in- law respectively of opposite party no.2.2. All the four petitioners have prayed for quashing of an order dated 12.1.2000 passed by Chief Judicial Magistrate, Bettiah in Complaint Case No.1736(C) of 1999. By the said order, learned Magistrate has taken cognizance of offence under Section 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.3. At the very outset, learned counsel for the petitioners, Shri M.N. Parbat, submits that in view of subsequent development i.e. judgment and decree in the divorce case filed by the husband of opposite party no.2, order of cognizance in respect of husband of opposite party no.2 and his two brothers, was set aside by a bench of this Court vide order dated 3.9.2010 passed in Cr.Misc. No.25340 of 2001. Earlier, case record of Cr.Misc.No.25340 of 2001 was called for, which has been kept along with record of...
Manjur Alam. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-25-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 21.2.2006 passed by learned Chief Judicial Magistrate, Gopalganj in Case No. C-2/06 (Tr.No.2582 of 2006). By the said order, learned Chief Judicial Magistrate has taken cognizance of offence under Section 188 of the Indian Penal Code. However, it was incorrectly typed as under Section 188 Cr.P.C.. The petitioner has further prayed for quashing of order dated 30.10.2006 passed by learned Addl.Sessions Judge, F.T.C.No.II, Gopalganj in Cr.Revision No.116 of 2006, whereby the learned Addl.Sessions Judge has rejected the revision preferred by the petitioner against the order of cognizance dated 21.2.2006 .2. Short fact of the case is that Opp.Party no.2, i.e. Sub Divisional Magistrate, Gopalganj filed a complaint in the court of learned Chief Judicial Magistrate, Gopalganj , which was numbered as Complaint Case No.C-2/2006,...
Ranjeet Kumar Ram. Vs. State of Bihar.
Court: Patna
Decided on: Oct-11-2010
1. The Death Reference and connected five Criminal Appeals arise out of a common judgment and order dated 24th January 2008 passed by learned First Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 422 of 2006 whereby he has convicted appellant, Chintoo Singh @ Vijay Singh and appellant, Birendra Bhagat under Section 364A of the IPC and the remaining three appellants under Section 364A read with Section 120B of the IPC and has awarded all of them rigorous imprisonment for life and fine of Rs.10,000/- each. Appellant Sanjeev Das has been acquitted of the charge under Section 302/34 and 201 of the IPC but the remaining four appellants have been convicted for the said charges also for which appellant Chintoo Singh @ Vijay Singh has been awarded death sentence and the remaining three appellants have been awarded rigorous imprisonment for life and a fine of Rs. 10,000/- each. No separate sentence has been passed under Section 201 of the IPC but in default of payment of fi...
Ram Harsh Chaturbedi. Vs. Amzad Ali.
Court: Patna
Decided on: Oct-11-2010
1. This civil revision application by the decree-holder is directed against the order dated 17.1.2004, passed by the learned execution court in Execution Case no.41 of 1970 (Ram Harsh Chaturbedi v. Amzad Ali), whereby the judgment-debtor (opposite party herein), has been directed to deposit the decretal amount.2. A brief statement of facts as per the version of the decree- holder may be indicated. The petitioner herein had instituted Money Suit no.36/70, praying for a money decree against the opposite party herein. The suit was decreed by judgment dated 11.8.70. The decree-holder promptly levied execution by filing the aforesaid Execution Case no.41/70. The judgment-debtor failed to deposit the decretal amount, whereafter the decree-holder filed an application on 9.9.70, under Order 21, Rule 53, Code of Civil Procedure, for attachment and sale of immoveable property for satisfaction of the decree. The learned execution court passed order on 16.2.72, whereby it ordered for issuance for ...
Kanti Devi, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-08-2010
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. None turned up on behalf of complainant opposite party no.2 in spite of appearance much before. Supplementary affidavit has been filed today on behalf of learned counsel for the petitioners. 2. This is an application under section 482 of the Criminal Procedure Code seeking quashing of entire proceeding of complaint case no. 422C of 2004 and also seeks quashing of order dated 16.05.2005, taking cognizance and issuance of process against the petitioners by Shri R.J. Pal, Judicial Magistrate, 1st Class, Lakhisarai. 3. The relevant facts of this case is that opposite party no.2 filed a Complaint against all the petitioners including one Rajni Kumari Devi, non-petitioner, alleging therein that all the named accused persons arrived at the quarter of the complainant in the night at about 11.30. P.M. on 27.11.2004, she provided shelter to them being relative and also offered for dinner which wa...
Akbar Hussain. Vs. State of Bihar.
Court: Patna
Decided on: Oct-08-2010
1. Both these appeals arise out of common judgment passed by Sri Jitendra Mohan Sharma, Sessions Judge-cum-Special Judge, N.D.P.S. Act in N.D.P.S. Act Case nos. 2 and 2A, both of 2003 under Sections 20 (b) (ii) (c) of the N.D.P.S. Act, have been heard together and are being disposed of by this common judgment.2. The appellants are respectively father and son, the son is appellant in subsequent appeal but was apprehended at the spot and was facing trial under original case during which his father co-named accused could subsequently been produced and remanded. A separate trial was initiated against him but subsequently both the trials proceeded simultaneously and amalgamated.3. The appellants have preferred the appeals against judgment of their conviction for the offence under Sections 20(b) (ii) (c) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for 12 years each and also to pay fine of rupees one lac and twenty five thousand each and in default whereof to undergo fu...
Krishna Kumar. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Oct-08-2010
1. The writ petitioner Krishna Kumar has filed this petition as a Member/Secretary of Punjab National Bank Officers' Association (BiharJharkhand) having its registered Office at Chanakya Tower 2nd Floor, R-Block, Patna.2. The informant Sandip Gautam, a Cluster Head of H.D.F.C.Bank, Exhibition Road, Patna gave a written report dated 8th November 2008 to the Officer-in- charge, Gandhi Maidan Police Station, Patna alleging that his Patna Main Branch has a current A/c No. 0380002100060239 with Punjab National Bank at Exhibition Road, Patna for last several years as a Branch of Punjab National Bank which is linked to Current Chest. Due to safety reasons, the cash of his Bank was deposited in Punjab National Bank through authorized agency dealing with secured cash remittance, viz M/s Securitrans India Pvt. Ltd. On 19th September 2008 his Branch handed over cash amounting to Rs.4,70,00,000/- (Rupees four crore seventy lacs) through the authorized representatives of M/s Securitrans India Pvt. ...
Krishna Kumar Kamal. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Oct-07-2010
1. The original petitioner Krishna Kumar Kamal who was holding the post of Executive Engineer (Mechanical) came to be dismissed from service vide order dated 14.2.1998, which is Annexure-13 to the writ application and is under challenge. He died during the pendency of the writ application and he has been substituted by his wife and other legal heirs by I.A. No. 601 of 2008.2. Brief background under which the order of punishment came to be passed is that the erstwhile petitioner was posted as an Executive Engineer (Mechanical), Field Machinery Division, Balmikinagar, West Champaran. This was somewhere in the year 1987. At that point of time, a project was conceptualized which was known as Bagmati Barrage Project. The origin of the said river is from Nepal and keeping in mind recurrence of floods every year, which affected large portions of the district of Champaran, a barrage was thought to be the answer. It is the case of the erstwhile petitioner that he was sounded by the Chief Engine...
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