Patna Court July 2010 Judgments
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Sadhu Yadav, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Jul-09-2010
1. The appellants named above have preferred this appeal against the judgment of conviction and order of sentence dated 31st March, 2004 passed in Sessions Trial 210 of 1989/230 of 2001 by the learned Additional Sessions Judge, F.T.C. No. I, Nalanda whereby the appellants have been convicted for the offences under Sections 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life.2. The prosecution version relates to a death occurring at about 2.P.M. in the night of 7/8th November, 1988 and on 8.11.1988 at 12.10 PM fard-beyan was given that on the preceding day at 7 P.M. the informant Saudi Das and his Nephew Krishan Prasad had gone to the matrimonial house of the victim Urmila Devi for informant's daughter's send off. When a request was made to the accused persons for sending her to house then it was denied and the informant and his nephew were told to take rest. They slept and at about 2.PM in the night, the informant wake up on hearing the sound of...
Uma Shankar Prasad. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-09-2010
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 order dated 3.6.1999 passed by Sri A.L. Srivastava, Judicial Magistrate, Ist Class, Hajipur, Vaishali whereby he took cognizance of offence under Section 406 of the Indian Penal Code. The petitioner has further prayed for quashing of order dated 1.7.1999 passed by taught (SIC) Magistrate whereby his discharge petition was rejected. The petitioner has also prayed for quashing of entire prosecution in Complaint Case No.336 of 1997 pending in the court of Sri A.K. Pathak, Judicial Magistrate, Ist Class, Vaishali at Hajipur. 2. Short fact of the case is that on 26.2.1997, the opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Hajipur vide Complaint Case No.336 of 1997 alleging therein that on 8.3.1991, he had purchased land from one Bhajan Choudhary, who had executed sale deed in favour of the complainant. I...
Sada Nand Thakur, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-09-2010
1. Fourteen 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 24.7.1999 passed by the learned Chief Judicial Magistrate, Araria in Complaint Case No.C 165 of 1997. By the said order, the learned Magistrate has taken cognizance of the offences under Sections 386, 452,323,147,148 and 504 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 , who is none else but the father-in-law of daughter of petitioner nos.1 and 2, who was killed in a case relating to Araria P.S. Case No.427 of 1996 filed a complaint case vide Complaint Case No.165 of 1997 in the court of the learned Chief Judicial Magistrate, Araria. The complainant disclosed that on 25.11.1996, he had come to Patna for his treatment and in the morning of 27.11.1996 he got information that his daughter-in-law died in Araria Hospital due to diarrhoea, which was a natural death. It was further disclosed tha...
Santosh Chandra JhA. Vs. Sandeep Kumar Singh, and anr.
Court: Patna
Decided on: Jul-09-2010
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 the order dated 6.12.1999 passed by the learned Judicial Magistrate , 1st Class, Patna in Complaint Case No.788( C) of 1999. By the said order, the learned Magistrate has taken cognizance of offences under Sections 406, 420 and 420 of the Indian Penal Code and Section 138 of the N.I.Act.2. Short fact of the case is that the complainant disclosed in his complaint petition that the complainant had given friendly loan to the accused no.1, i.e. a juristic person being a private limited company in the name and style of Cilson Organics Ltd. . It was disclosed in the complaint petition that total loan amount was Rs.1,23,500/-, which was taken on different dates ,i.e. 12.9.1997 Rs.35,000/- , 25.9.1997 Rs.31,000/-, 25.9.1997 Rs.25,000/- and on 30.9.1997 Rs.32,500/-, total comes to Rs.1,23,500/-. In the complaint petition, there was specific a...
Chandeshwar Prasad. Vs. Most Jeera Devi, and ors.
Court: Patna
Decided on: Jul-09-2010
(1) The defendants have filed this First Appeal against the Judgment dated 10.08.1977 and the decree signed on 23.08.1977 by Sri Aniruddh Prasad Chaudhary, the learned Addl. Sub Judge, Barh, in Title Suit No.52 of 1976-77 decreeing the plaintiff-respondent's suit for partition.(2) The plaintiff-respondents filed the aforesaid suit praying for partition and for declaration that the dead of gift dated 14.11.1975 executed by defendant No.1 in favour of defendant No.2 is not binding on the plaintiffs.(3) It may be mentioned here that the defendant No.1, Mostt. Feko Devi@ Feko Dasi was the original appellant No.1 in this First Appeal. During the pendency of this First Appeal, she died and her name has been expunged.(4) The plaintiff-respondents filed the aforesaid suit claiming aforesaid relief on the facts inter alia that the suit property belonged to Ramswaroop Mahto. The defendant No.2, Mostt. Feko Devi was the first wife of Ramswaroop Mahto. The plaintiff No.1 is the second wife of Rams...
Parmanand Prasad Yadav Son of Late Anup Lal Pd. Yadav, Incharge Headma ...
Court: Patna
Decided on: Jul-08-2010
Navin Sinha and Jyoti Saran, JJ.1. Heard learned Counsel for the petitioner. No one appears on behalf of the respondent State.2. The matter is of the year 1994, admitted for hearing on 1.5.1995. Despite passage of long years no counter affidavit has even been filed.3. It is the case of the petitioner that he was appointed as an Assistant Teacher in 1968 in Deep Narain Yadav High School, Basua Koyla, P.S. Gogri, District Khagaria in the untrained category holding B.Sc. qualification. He acquired the trained teacher qualification by a Diploma of B.Ed. in 1976. Consequent to the superannuation of the erstwhile Headmaster in 1981, one Sobha Kant Yadav came to be appointed as Acting Headmaster which was reviewed by the respondents on 19.6.1982 acknowledging that the petitioner was the senior most Teacher and appointed him as Incharge Headmaster till further orders. It is the further case of the petitioner that he acquired the necessary experience of ten years under the Service Rules for app...
Pawan Kumar JhA. Vs. the State of Bihar.
Court: Patna
Decided on: Jul-08-2010
1. Rakesh Kumar,J. 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 17.12.1999 passed by Sub. Divisional Judicial Magistrate, Dalsingsarai at Samastipur. By the said order the Sub. Divisional Judicial Magistrate has taken cognizance of the offences under sections 195, 197 and 211/34 of the Indian Penal Code and summoned the petitioners.2. Short fact of the case is that a complaint vide Complaint Case No.33 of 1996 was filed by one Lakhan Sada in the court of Special Judge, Samastipur, alleging therein that the accused, namely, Bhagirath Jha, Gangadhar Jha and Pramod Jha had committed offence under sections323, 342, 308, 379/34 of the Indian Penal Code and section 3(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The said complaint was referred to the police for its investigation and, accordingly, a first information report vide Samastipur P....
Sunil Kumar Mahto, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-08-2010
1. 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 30.9.1999 passed by the learned Sessions Judge, Samastipur, at Camp, Rosera in Cr.Misc.No.85 of 1997. By the said order, the learned Sessions Judge on the basis of petition filed by one Ram Udgar Mahto , who was father of deceased Sulekha Kumari , cancelled bail bonds of the petitioners.2. Short fact of the case is that the three petitioners were accused in Complaint Case No.476 of 1996, which was filed by Sulekha Kumari (deceased) against her husband and other in laws' family members under Sections 498A, 120B, 406,420, 323 and 342 of the Indian Penal Code. In the said case, all the three petitioners, who are husband of Sulekha Kumari (deceased), father-in-law and mother-in- law respectively, were granted bail by the learned Sessions Judge on 14.2.1997 and 4.7.1997. The reason for granting bail was compromise in between...
B.C.Suchanti. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jul-07-2010
1. Rakesh Kumar,J. Learned counsel for the petitioner files supplementary affidavit enclosing therewith copy of charge sheet. Keep it on 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 10.8.1998 as well as for quashing of entire criminal proceeding in G.R. No.342 of 1996/Tr. No.36 of 1998 pending before the Judicial Magistrate, Ist Class, Nalanda arising out of Warsaliganj P.S. Case No.30 of 1986. By order dated 10.8.1998, the learned Magistrate has rejected the petition filed on behalf of the petitioner for his discharge.3. Shri Shravan Kumar learned Senior Counsel appearing on behalf of the petitioner, while pressing the present petition, submits that it is true that in the complaint petition, the petitioner was arrayed as one of the accused and that complaint was subsequently referred to the police for its investigation. The police, after conducting thorou...
Ghurbigan Sah, and ors. Vs.
Court: Patna
Decided on: Jul-07-2010
1. Mungeshwar Sahoo,J The defendants-appellants have filed this first appeal against that part of the judgment and decree dated 18.1.1985 passed by Sri Gopal Ji, Sub Judge, Sasaram, in Title Suit No.55 of 1981 whereby the learned Sub-Judge held that the sale made by the defendant-appeellant No.1 after institution of the suit is not for legal necessity and directed that the properties described in Schedules- A and B of the additional written statement of defendant no.1 will be allotted in the share of defendant no.1.2. The facts of the case are in a very narrow compass. The plaintiff-respondents filed the aforesaid suit for partition of their share to the extent of 4/5th in the suit property described in Schedule- Ka of the plaint. Their case, in short, is that the suit property exclusively belong to Doman Sah. There had been partition between Doman Sah and his brother, Rup Chand who where the sons of Dorha Sah. Since there had been partition the sons of Rup Chand are made proforma defe...
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