Patna Court July 2010 Judgments
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Umesh Chand. Vs. State of Bihar.
Court: Patna
Decided on: Jul-20-2010
1. The sole petitioner, who was at the relevant time Branch Manager of National Insurance Company Ltd., Nawadah Branch, Nawadah, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 11.6.2000 passed by the Chief Judicial Magistrate, Nawadah in Kawakole (Rupau) P.S. Case No.40 of 1999, G.R. No.641 of 1999. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offence under Sections 409, 419, 420, 467, 468 and 469 of the Indian Penal Code.2. Short fact of the case is that on the basis of written complaint of one Assistant Project Officer, Nawadah, an F.I.R. vide Kawakole (Rupau) P.S. Case No.40 of 1999 was registered against the Branch Manager, National Insurance Company Ltd., Rajendra Nagar, Nawadah for the offence under Sections 409, 419, 420, 467, 468 and 469 of the Indian Penal Code. It was disclosed in the first information report(hereinafter referred to as the F.I...
Jagna Pandit, and anr. Vs. the State of Bihar.
Court: Patna
Decided on: Jul-20-2010
1. This appeal arises out of the judgement rendered by the 10th Additional Sessions Judge, Munger in Sessions Case No.203 of 1986 by which the two appellants were found guilty of having committed an offence under Sections 302/34 of the IPC and were directed to suffer rigorous imprisonment for life.2. Nobody was named in the FIR which was lodged by the husband of the deceased stating that some unknown thieves broke into his house and his wife, who was sleeping in another room, was murdered. The informant went inside the room with a Dibia(earthen lamp) to find his spouse lying there in a pool of blood.3. As may appear from the evidence of police officers, there could not be any clue about the incidence for quite some times, but somehow or the other they could fall back on P.W.1, the daughter- in-law of the deceased and elicit a statement under Section 164 of the Cr.P.C. from her and that could be the basis for sending of the appellants to trial.4. The lady Ramdasi Devi, whose statement w...
Ramakant Singh. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-20-2010
1. Today again, when the case was called out, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, today again, Shri Lala Sachindra Kumar, learned counsel appearing on behalf of opposite party no.2 is present. Yesterday (19.7.2010) also, none appeared on behalf of the petitioner. However, the case was adjourned for a day with an indication that no further adjournment shall be granted.2. It was noticed by this Court that in this case, order of stay was continuing since 17.8.2001.3. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 31.5.200 passed by Sri V.K. Singh, Judicial Magistrate, Ist Class, Begusarai in Complaint Case No.1122 of 1999/Tr. No.680 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 323, 148, 448 and 386 of the Indian Penal Code.4. Learned counsel...
Sunil Kumar, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-20-2010
1. The petitioners seek quashing of the entire Complaint Case No. 1263 of 2003 pending before the S.D.J.M. Bhagalpur including the order dated 23.12.2003 by which he has taken cognizance in the matter as also the order dated 30.6.2004 by which Sessions Judge, Bhagalpur, in Civil Revision No. 229 of 2004 has dismissed the revision application filed against the order of cognizance. 2. On 17.8.2004, notices were issued to the opposite party no. 2 and the matter was admitted for hearing with an interim order of stay of further proceeding in the court below.3. Today, both the parties are present in Court and advance their rival submissions.4. The case of the Complainant is that she had married the petitioner no. 1 on 11.3.2003 and, thereafter, had gone to live with her inlaws in Jamalpur but she was tortured for ends of dowry on account of which the Complainant's father paid a sum of Rs. 50,000/- to the accused persons. Thereafter, the Complainant is said to have gone to Delhi to live with ...
The Union of India, and ors. Vs. Saroj Kumar Rai.
Court: Patna
Decided on: Jul-20-2010
1. Heard learned counsel for the petitioners who are Union of India and the officials of Ministry of Railways and of Metro Railway, Kolkata and also heard learned counsel of the sole respondent, the workman.2. By the impugned order dated 30th August 2007 the learned Central Administrative Tribunal, Patna Bench, Patna allowed O.A. No. 395 of 2006 preferred by the respondent-employee. As results the orders of termination of his service vide order dated 25.01.2006 has been quashed and the following relief has been granted:- In the result, this application is allowed to the extent that the order of termination of services of the applicant vide order Annexure-2 is hereby quashed. The applicant will be reinstated immediately to his post. The official respondents, however, would be free to proceed against him under the provisions of Railway Servants (Discipline & Appeal) Rules, 1968. If the respondents decide to take departmental action against him, then after departmental action concludes, t...
The State of Bihar, and ors. Vs. Sri Lakshmi Narayan Prasad.
Court: Patna
Decided on: Jul-20-2010
1. Heard learned counsel for the appellants and learned & B.P. Verma, JJ counsel for the respondent.2. State of Bihar and its concerned officials have preferred this appeal under Clause 10 of the Letters Patent of this Court to assail the order dated 23.1.2006 whereby writ petition preferred by the sole respondent bearing C.W.J.C. No. 6390 of 2004 was allowed and the Secretary Road Construction Department was directed to regularize the services of the writ petitioner and give him all consequential benefits accordingly.3. From the order under appeal it transpires that the writ petitioner was appointed as Assistant Engineer on ad-hoc basis in June 1987 while awaiting the outcome of his having applied for such post in the Bihar Engineering Service Class-II under Road Construction and Building Construction Department under advertisement No. 93/85. Admittedly he was selected and on 14.11.1987 he was offered appointment on the post of Assistant Engineer but not in the Road Construction Depar...
Kameshwar Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-20-2010
1. The petitioners seek quashing of the entire proceedings of complaint case no. 55 (C) of 2004 pending before the Judicial Magistrate Ist Class, Biharshariff including the order dated 12.3.2004 by which he has taken cognizance in the matter for offences under Sections 323, 504, 379/34 I.P.C. as well as the order dated 31.3.2004 passed by the Sessions Judge, Nalanda in Cr. Rev. No. 113/2004 by which he has dismissed the application of the petitioners filed against order taking cognizance.2. On 23.9.2005 this court had issued notice to the opposite party no. 2, considering the statement of the complainant on solemn affirmation that there was some land dispute between the parties and stayed further proceedings in the court below. Thereafter, on 4.1.2006 the application was admitted for hearing. Today both the parties are present in the court and advance their rival submissions.3. The case of the complainant is that on 22.01.2004 at 10 a.m. she was informed that a mango tree had been cut ...
Pramod Kumar. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-19-2010
1. The petitioner seeks quashing of the entire proceedings including the order dated 2.4.2004 passed in Complaint Case No. 118 (C) of 2004 by which cognizance has been taken for offence under Sections 448, 452, 375 and 504 of the Indian Penal Code.2. By an order dated 20.9.2004, the opposite party no. 2 was noticed and, thereafter on 18.5.2005, the matter was admitted for hearing with an interim order of stay of further proceedings in the court below.3. Today, neither of the parties is present in the Court.4. However, on going through the records of the case, I find that the background of the case is that on 13.2.2004 a clash between two groups of students had taken place, so to bring the situation under control, the police chased the miscreants in course of which one boy fell down but tried to intimidate the Police Officers stating that he was son of a Judicial Officer for which Danapur P.S. Case No. 79 of 2004 dated 13.2.2004 had been instituted. On 18.2.2004 the miscreants repeated ...
D.C.Jain, Chairman Welcure Drugs and Farmaceuticals Ltd, and ors. Vs. ...
Court: Patna
Decided on: Jul-19-2010
1. This application has been filed for quashing the entire proceeding including the order dated 23.3.2004 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 633(c) of 2004 by which he has taken cognizance under Sections 406, 420 and 120B of the Indian Penal Code.2. By an order dated 23.9.2006, notices were issued to opposite party No. 2 but it has been noted in the order dated 5.1.2006 that despite service of notice, the opposite party no. 2 had chosen not to appear before this Court, the application was admitted on that date with an interim order of stay of further proceeding in the court below. Even today none appears for the opposite party no. 2.3. The case of the Complainant is that he had become a consignee agent at the behest of the accused persons for which an agreement had been entered into between the parties in pursuance to which he had deposited a sum of Rs. 2,00,000/- as security. By this agreement, the Complainant was to get 15 per cent of simple in...
Satish Chandra Gupta, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-19-2010
1. The petitioners seek quashing of the order dated 28.3.2003 passed by the learned Chief Judicial Magistrate, Patna in complaint case no. 665 (M) of 2003 by which cognizance has been taken under Section 9 (i) and 9 (ii) read with section 11 of the Payment of Gratuity Act. 2. By an order dated 25.10.2005 notices were issued to the opposite party no. 2 and despite service of notice did not appear as has been noted in the order dated 5.01.2006 on which date this application was admitted for hearing with an interim order of stay of further proceedings in the court below. It appears that opposite party no. 2 has appeared but has chosen not to be present in Court today. 3. The case of the complainant who was the labour enforcement officer, Patna is that when he inspected the office of the Indian Overseas Regional Bank located at Nasima Building, West Gandhi Maidan Patna, on 7.12.2001 he found some irregularities in the office, which contravened the provisions contained in Rule 3 (1), Rule 3...
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