Patna Court April 2010 Judgments
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State of Bihar Vs. Birendra Singh and ors.
Court: Patna
Decided on: Apr-01-2010
Dharnidhar Jha and Akhilesh Chandra, JJ.1. The present Govt. appeal questions the order of acquittal passed by the learned 3rd Additional Sessions Judge, Ara on 28.6.1988 in Sessions Trial No. 305 of 1985 by which the five respondents were acquitted of charges under Sections 302/149 and 148 and 27 of the Arms Act.2. The case related to the murder of one Shatruhan Singh when he had been detained while he was returning along with others after attending a feast. It was alleged that the respondents caught hold of the hands, feet or waist of the deceased Shatruhan Singh while respondent, Birendra Singh cut his throat. It is alleged that at that time Rampeyar Singh was armed with a gun and he was ordering the accused persons to cut the neck so that the said Shatruhan Singh was not left alive.3. The fardbeyan of Bishuni Singh (P.W.7) was recorded and the investigation was initiated, after close of which, the respondents were sent up for trial. Nine witnesses were examined in course of the tri...
Sanjib Bose Son of Late Mohan Bose and Tanik Kumar Bose Son of Late Ra ...
Court: Patna
Decided on: Apr-01-2010
Rakesh Kumar, J.1. Two petitioners, who are Owner-cum-Publishers of Bharti Bhawan Publishers and Distributors (hereinafter referred to as Bharti Bhawan, have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, for quashing of the order dated 10.2.1998 passed in Complaint Case No. 725 of 1994, Trial No. 141 of 1998/1211 of 1998 passed by Chief Judicial Magistrate, Madhubani. Petitioners have also prayed for quashing of the entire criminal prosecution arising out of the aforesaid complaint case. By the order dated 10.2.1998, learned Chief Judicial Magistrate, Madhubani had taken cognizance for the offence under Section 500 of the Indian Penal Code and transferred the case to Shri A.K. Mishra, Judicial Magistrate, Ist Class, Madhubani for its disposal. He also passed an order for issuance of summons for securing attendance of the accused persons.2. In the complaint petition, it was alleged that with a view to defame the comp...
Padamchand Gupta Son of Gan. Chand Gupta, Director, Raj Laxmi Commodit ...
Court: Patna
Decided on: Apr-01-2010
Sheema Ali Khan, J.1. This application has been filed for quashing of the order dated 23.01.2006 passed in Complaint Case No. 851 (C) of 2005 by which the Judicial Magistrate, 1st Class, Danapur has taken cognizance for the offence under Section 406 of the Indian Penal Code against the petitioner.2. Notices were issued to the Opposite Party No. 2/complainant in this case. After notice, the Court came to know that the Opposite Party No. 2/complainant had died. On 04.11.2008, time was granted to file a substitution petition, which was not filed, as a result of which, by order dated 11.12.2008, this application stood dismissed as against Opposite Party No. 2/complainant and proceeded only against the State of Bihar.3. Since, this case involves a dispute with respect to a business transaction involving settlement of accounts/refund of money, in my opinion, the heirs of Opposite Party No. 2/complainant are necessary party in the case and the Court below will have to consider this aspect if ...
Sanjay Sahay Son of Late Dayanand Sahay and Kranti Singh @ Karanti Kum ...
Court: Patna
Decided on: Apr-01-2010
Sheema Ali Khan, J.1. Heard the parties.2. This application has been filed for quashing the order of cognizance dated 30.1.2008, passed in G.R. No. 2498 of 2005, Trial No. 1428 of 2008 by the Chief Judicial Magistrate, Gaya by which he has taken cognizance for offences under Section 3(2) of Prevention of Defacement of Property Act, 1985 (hereinafter referred to as 'the act').3. An F.I.R. was lodged by the Block Development Officer-cum-Assistant Election Officer, 232 Gaya Town Assembly Area alleging that the petitioners who were candidates of the Congress (I) for the 2005 assembly election had fixed a banner and poster outside the Gaya college and thereby had violated the Code of Conduct.4. On the basis of the aforesaid allegation, investigation commenced and charge sheet was submitted. The First Information Report does not disclose details with respect to the date on which the banner or poster were placed. It also does not explain on which of the buildings the poster was pasted. The al...
Rajiv Kumar Agrawal S/O Late Arvind Kumar Agrawal and Anjah Kumar Agra ...
Court: Patna
Decided on: Apr-01-2010
Mungeshwar Sahoo, J.1. This appeal is directed against the order dated 10.9.1999 passed by Sri N.K.Sinha, learned Sub-Judge Vth , Begusarai, in Title ( Partition ) Suit No. 188 of 1997 whereby the learned court below rejected the plaint under Order 7 Rule 11(D) of the Code of Civil Procedure.2. According to the plaintiffs' case one Rai Bahadur Kharag Narayan Agrawal was the common ancestor who had two sons, namely, Bishundeo Narayan Agrawal and Krishnadeo Narayan Agrawal. The parties are the decendents of Bishundeo Narayan Agrawal. Bishundeo Narayan Agrawal had two sons, namely, Rabindra Narayan Agrawal who is defendant No. 1 and Arvind Narayan Agrawal, father of plaintiff No. 1. Bishundeo Narayan Agrawal had a daughter, Indira Rani who is defendant No. 5. Defendant No. 3 is the wife of defendant No. 1 whereas defendant No. 6 is the widow of Arvind Narayan Agrawal. The further case is that Arvind Narayan died leaving behind plaintiff No. 1 and defendant No. 7 and a daughter, Mridula Ra...
Yogendra Prasad Singh Son of Late Kamali Prasad and Sitaram Sharma Son ...
Court: Patna
Decided on: Apr-01-2010
Rakesh Kumar, J.1. Two petitioners have challenged the order dated 12.8.1998 passed by the learned Sessions Judge, Sitamarhi in Cr. Revision No. 226/98. By the said order, the learned Sessions Judge, Sitamarhi has rejected the Revision petition filed by the petitioners against the order dated 27.3.1998, whereby the learned Judicial Magistrate, 1st Class, Pupri at Sitamarhi had rejected the discharge petition filed on behalf of the petitioners.2. The short facts of the case is that on 15.12.1992, an F.I.R. vide Pupri P.S. Case No. 105 of 1992 was registered for offences under Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967( hereinafter referred to as 'the Act') on the written information given by the Sub-Inspector of Police of Pupri Police Station. The said F.I.R. was lodged after arresting these petitioners and five others on the charge that petitioners were members of Vishwa Hindu Parishad . Thereafter, it appears that the police after investigation submitted char...
Md. Zahid Son of Md. Qaiyum and ors. Vs. the State of Bihar and Md. Ah ...
Court: Patna
Decided on: Apr-01-2010
Rakesh Kumar, J.1. Twelve petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 8.12.1998 passed in Complaint Case No. 71 C /98. By the said order, Sri A.A. Gauri, learned Addl. Chief Judicial Magistrate, Sheikhpura had taken cognizance of offences under Sections 147 and 379 of the Indian Penal Code and also ordered for issuance of processes for securing appearance of the accused persons and the case was transferred to the Court of Sri Gangadhar Prasad, learned Sub Divisional Judicial Magistrate, Sheikhpura.2. Sri Anisur Rahman, learned Counsel appearing on behalf of the petitioners, while challenging the impugned order, submits that for lodging the complaint petition in question, the complainant had got no locus standi. He further submits that so far petitioner Nos. 2 and 3 are concerned, they were not present at the place of occurrence, rather on the date of occurrence, they wer...
Ramjee Prasad Singh Son of Shri Moti Lal Choudhary, Assistant Engineer ...
Court: Patna
Decided on: Apr-01-2010
Navin Sinha, J.1. Mr. Akashdeep, Advocate is permitted to file fresh Vakalatnama as the earlier counsel is stated to have withdrawn from the legal profession.2. Heard learned Counsel for the petitioner and learned Counsel for the State.3. Private respondent Nos. 7 and 8 were directed to be deleted at the request of the petitioner by order of this Court on 3.5.1996. Private respondent Nos. 4 to 6 and 9 to 19 have been duly served but have not entered appearance. On 8.12.1995, this Court had ordered that any promotions in the meantime shall remain subject to the result of the writ petition. Learned Counsel for the petitioner submits that he has instruction to state that during the pendency of the writ application, the petitioner and the private respondents have all superannuated.4. The controversy in the case concerns the seniority of the petitioner on the post of Assistant Engineer from the date that he came into that cadre vis--vis the private respondents who have been born in the cadr...
Birendra Prasad Barnwal, Son of Sri Bhagwat Prasad Barnwal Vs. the Uni ...
Court: Patna
Decided on: Apr-01-2010
Sudhir Kumar Katriar, J.1. This writ petition is directed against the order dated 06.07.2005, passed by the Central Administrative Tribunal, Patna Bench, in O.A. No. 748 of 2004 (Birendra Prasad Barnwal v. Union of India and Ors.), whereby the original application preferred by the present petitioner has been dismissed, and the order of the respondent authorities dispensing with his services, and, appointing respondent No. 7 in his place, has been upheld.2. A brief statement of facts essential for the disposal of the writ petition may be indicated. This litigation has a chequered history and has gone on for too long. The respondent authorities issued advertisement dated 29.04.1992 (Annexure-1), for appointment of Extra Departmental Branch Post Master (for short 'EDBPM?). The two conditions relevant in the present context are reproduced herein below:1 mEehnokj dks bukjko.k dk LFkk;h fuoklh gksuk pkfg,A4 mEehnojksa dh 'kS{kf.kd ;ksX;rk de ls de vkBok oxZ ikl gksuk vfuok;Z gSA fdUrq eSfVd ...
izhar Ansari Son of Bashir Ansari and ors. Vs. Bibi Rehana Khatoon Wif ...
Court: Patna
Decided on: Apr-01-2010
Rakesh Kumar, J.1. Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) have prayed for quashing of the order dated 9.12.1997 passed in Complaint Case No. 1685 of 1997 by Chief Judicial Magistrate, Katihar. By the said order the learned Magistrate had taken cognizance of the offences under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.2. Short fact of the case is that the complainant-opposite party No. 1 filed a complaint petition vide Complaint Case No. 1685 of 1997 alleging therein that after her marriage with the petitioner No. 1, Bidagri was done and she arrived and stayed at her in-laws house for about two days. During her stay for a short- while, it was alleged that she was tortured by the petitioners for the purpose of extracting dowry from the father of the complainant. It has also been asserted in the complaint petition that the complaina...
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