Patna Court July 2010 Judgments
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Haribansh Tiwary, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-19-2010
1. Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 30.5.2000 passed in Complaint Case No.520 C of 2000, Trial No.1188 of 2000 by Sri R.K. Gupta, Judicial Magistrate, Ist Class, Motihari. By the said order, the learned Magistrate has taken cognizance of offence under Sections 420, 467 and 468 of the Indian Penal Code.2. Short fact of the case is that opposite party no.2, who according to Shri Md. Anis Akhtar, learned counsel for opposite party no.2, is now no more, had filed a complaint vide Complaint Case No.520 C of 2000 alleging therein that petitioner no.1 Haribansh Tiwary had sold the land of the complainant's share to petitioner no.2 Ragubir Ram and petitioner nos.3 and 4 were witnesses to the said deed. On aforesaid allegation, complaint petition was filed and after completing enquiry, the learned Magistrate, by the impugned order, took cognizance of offence under ...
Ashok Kumar, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Jul-19-2010
1. On repeated call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment.2. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 1.7.2000 passed by the learned Magistrate in G.R. No.499 of 1999/Tr. No.1031 of 2000 arising out of Rahui P.S.Case No.35 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 323, 341 and 379 of the Indian Penal Code.3. In absence of learned counsel for the petitioners, I have perused the materials available on record. It appears that the F.I.R. was lodged against four accused persons including the petitioners for offences under Sections 341, 323, 307, 379 and 34 of the Indian Penal Code. However, after investigation, police found the case true against only one accused, namely, Krishna Sao for offence under Sections 341 and 323 of the Indian Penal C...
Rajendra SharmA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-19-2010
1. No one either on behalf of the petitioner or on behalf of opposite party no.2 is present. However, a counter affidavit filed on behalf of opposite party no.2 is on the record.2. 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 13.7.2000 passed by Judicial Magistrate, Ist Class, Danapur in Bihta P.S. Case No.87 of 1994/Tr. No.210 of 1998. By the said order, the learned Magistrate has rejected a petition for discharge filed on behalf of the petitioner.3. Short fact of the case is that opposite party no.2 had earlier filed a complaint case in the court of Additional Chief Judicial Magistrate, Danapur in the month of April, 1994 alleging therein that in between 4.6.1988 and 13.2.1993 the petitioner and one Bhola Prasad, who were entrusted to keep accounts of income and expenditure of Sitaram Ashram Trust, Bihta, had misappropriated a sum of Rs.24,507/- collected from dif...
Arbind Kumar Sinha, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-16-2010
1. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 5.2.1999 passed by the Chief Judicial Magistrate, Patna in Complaint Case No.105(M) of 1999. By the said order, the learned Magistrate has taken cognizance of offence under Sections 409, 420 and 120B of the Indian Penal Code.2. Short fact of the case is that an official complaint was filed by Bihar State Khadi Village Industry Board, Gandhi Maidan, Patna on 2nd February, 1999 alleging therein that petitioners, who were un-employed, had approached the complainant for sanctioning loan for starting Power Ghani and thereafter, in the financial year 82-83, loan was sanctioned to the petitioners for an amount of Rs.34,902.17. The payments were made on different dates. It was alleged in the complaint petition that despite the fact that loan was sanctioned to the petitioners for starting Power Ghani in the year 11983 itself, whic...
French Motor Car Company Limited. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-16-2010
1. In both the above cases, order of cognizance dated 16.9.2000 passed by Sri B.K.Dixit, Judicial Magistrate, Ist Class, Patna, in Complaint Case No.1426-C of 2000 is under challenge. Accordingly, both the petitions were heard together and are being disposed of by this common judgment.2. In Cr.Misc. No.198 of 2001 the petitioner is a company registered under the Companies Act in the name and style of French Motor Car Company Limited which has been represented through its constituted attorney, Tushar Kumar Seal. In Cr. Misc. No.35710 of 2000 the petitioners are close relatives of the complainant, who has been arrayed as opposite party no.2. In both the cases by order dated 16.9.2000 the learned Magistrate took cognizance of the offences under sections 420, 120B and 467 of the Indian Penal Code and directed for issuance of summons against the petitioners.3. Aggrieved with the order of cognizance dated 16.9.2000 the petitioners vide Cr. Misc. No.35710 of 2000 approached this court by invo...
The Employees State Insurance, and ors. Vs. Prabhas Chandra Mallik, an ...
Court: Patna
Decided on: Jul-16-2010
1. Heard learned counsel for the petitioners and learned counsel for respondent no.1 who was the applicant before the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 280 of 2005 which was allowed by the impugned order dated 27.04.2007, contained in Annexure-2.2. Besides challenging the order, contained in Annexure-2, the petitioners have also challenged the order dated 3rd January, 2008, contained in Annexure-3, whereby Review Application No. 60 of 2007 has also been dismissed. The said review petition was filed pursuant to disposal of earlier writ petition filed by the petitioners bearing C.W.J.C. No. 11146 of 2007 by order dated 24.09.2007. That order shows that the writ petition was withdrawn for filing review petition before the Tribunal itself.3. The applicant respondent was appointed on 15.03.1979 on the post of Hindi Assistant in the Employees State Insurance Corporation, petitioner No.1. He received his first promotion as Senior Hindi Translator in June, 1985 an...
Uttam Kumar Bose. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-16-2010
1. The petitioners seek quashing of the entire proceedings of complaint case no. 2381 (C) of 2002 pending before the Chief Judicial Magistrate First Class, Patna including the order dated 19.4.2003 by which he has taken cognizance in the matter for offences under Section 323/34, 406 and 420 I.P.C. 2. In addition the petitioner Uttam Kumar Bose also prays for quashing of the order dated 21.11.2003 passed in Cr. Revision No. 496 of 2003 by Sessions Judge, Patna by which the revision application against issuance of summons was dismissed. 3. By two separate orders the opposite party no. 2 was noticed and on behalf of Uttam Kumar Bose an undertaking was given that he would refund the amount of the air ticket for which dispute had arisen. The matter was subsequently admitted for further hearing and further proceedings in the court below was stayed. 4. Today the rival parties are present and it has been submitted on behalf of the opposite party no. 2 that the matter has been settled between t...
The Union of India, and ors. Vs. Md.Kalim Ansari.
Court: Patna
Decided on: Jul-16-2010
1. Heard learned counsel for the petitioners and learned counsel for the sole respondent.2. The writ petition has been filed by the Union of India and Officials of Central Excise, Patna Commissionorate against order dated 26.04.2007 whereby the Central Administrative Tribunal, Patna Bench, Patna allowed O.A. No. 386 of 2005 filed by the applicant- respondent after holding that as per scheme in DOPT's order dated 10th September 1993 the applicant had acquired temporary status as casual labourer.3. The scheme under order dated 10th September 1993 is definitely to the advantage of the applicant-respondent who was in service as a casual labourer since June 1992 as per official records and had been engaged for a period more than 206 days which would be the minimum requirement of days as the office in question observed 5 days working per week. The number of working days before the learned Tribunal was not contested and the certificate given by the Assistant Commissioner of Central Excise, Ra...
Dr. Ram Nath Prasad, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-16-2010
1. The petitioners seek quashing of the order dated 12.4.2004 passed by the learned Assistant Sessions Judge, Patna City in Sessions Trial No. 905/03/Trial No. 127/03 by which he has refused to discharge the petitioners. 2. By an order dated 19.9.2005 notices were issued to the opposite party no. 2 and thereafter it was admitted on 18.01.2006 with a further order for stay of further proceedings in the court below. Today even though petitioner's counsel is present and advances his arguments no one appears on behalf of the opposite party no. 2. 3. The petitioner no. 1 happens to be a son in law of the informant and from the facts of the First Information Report it appears that the informants daughter was married to the petitioner no. 1 on 7.12.1996 but thereafter her daughter was tortured on account of which Khaj-e-kalan P.S. case no. 208/99 under Sections 498A, 406/34 was instituted against the accused persons. 4. Further narrative of the First Information Report is that she was aggriev...
Shankar Mandal. Vs. State of Bihar.
Court: Patna
Decided on: Jul-15-2010
1. 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 1.5.2000 passed by Sri M.M.Sharan Lal, Judicial Magistrate, Ist Class, Bhagalpur, in Kotwali P.S. Case No.27 of 1993. By the said order the learned Magistrate has rejected the petition for discharge filed on behalf of the petitioner.2. Short fact of the case is that first information report was lodged on the basis of written complaint submitted by Executive Engineer, Public Health Department, and Bhagalpur Division. It was alleged that the petitioner was Accounts Clerk and in the said capacity he had forged the document whereby the government exchequer had suffered a loss of more than Rs.50,000/-. It further appears that the petitioner was accused in other cases also in case of similar nature. After investigation the police submitted charge sheet and when the case reached to the stage of charge, a petition for discharge wa...
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