Patna Court July 2010 Judgments
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Dr. Janak Lal SharmA. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jul-07-2010
1. When the case was called out, no one appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment.2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure in sum and substance, has prayed for quashing of the F.I.R. of Kuchaikote P.S. Case No.14 of 2000, registered under Sections 418,120B and 201 of the Indian Penal Code.3. On perusal of the record, it appears that the said F.I.R. was lodged in view of the order passed by the learned Chief Judicial Magistrate in Complaint Case No.120 of 2000. Opp.Party no.2 had filed a complaint vide Complaint Case No.120 of 2000 alleging therein that this petitioner had prepared a false injury report. The said complaint was referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure and, accordingly, the F.I.R. i.e. Kuchaikote P.S. Case No.14 of 2000 was registered for the offences u...
Gunanand Sah, and anr. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jul-07-2010
1. Rakesh Kumar, J. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding in Araria P.S. Case No.350 of 1997 as well as order dated 9.7.1999 passed by the learned Chief Judicial Magistrate, Araria in Araria P.S. Case No.350 of 1997, whereby the learned Magistrate has taken cognizance of offences under Sections 419,420,120(B), 421,465,467, 468 and 471 of the Indian Penal Code.2. Short fact of the case is that a complaint vide Complaint Case No. 1279 of 1997 was filed on 9.9.1997 by Opp.Party no.2 alleging therein commission of several offences by the petitioners including fabrication of deed in respect of land, appertaining to Khata No.249 Khesra No.1982, situated in Village-Araria. After filing of the complaint petition, the complaint was referred to police for its registration and investigation under Section 156 (3) of the Code of Criminal Procedure and thereafter ...
Laldeo SadA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-07-2010
1. Rakesh Kumar, J. 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 30.11.1999 passed in Case No. C1 956 of 1998/ Tr.No.1444 of 1999 ( Patepur P.S. Case No.64 of 1998). By the said order, the learned Judicial Magistrate, 1st Class, Hajipur, Vaishali has taken cognizance of offences under Sections 376/511 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 filed a complaint vide Complaint Case No.956 of 1998 in the court of the learned Chief Judicial Magistrate, alleging therein that at about 12 O' Clock while she was in her hut and her family members had gone to the field, the petitioner arrived there and started to commit an offence under Section 376 of the Indian Penal Code. However, before final completion of the said offence, on alarm raised by the complainant, her family members arrived there. The complaint petition was referred to the polic...
Meena MishrA. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Jul-07-2010
1. Jayanandan Singh, J: Petitioner has filed this writ application for quashing of Annexure-17, an order of the School Inspectress-cum-Deputy Director of Education, Government of Bihar dated 17.12.2002, by which, her services have been ordered to be terminated, as also for quashing of Annexure-28, the follow up order of the Headmistress of the School (respondent no. 5) dated 23.12.2002 terminating her services.2. As per the pleadings, by Annexure-1 dated 15.9.1982, the District School Inspectress (respondent no. 5), on the orders of the School Inspectress-cum- Deputy Director of Education, Government of Bihar (respondent no. 4), appointed the petitioner in Government Girls Middle School, Katihar, against a vacant post of I.A. trained scale teacher, in the pay scale of Matric trained, on provisional basis for three months or till a teacher was promoted to the said post, whichever was to be earlier. Accordingly, petitioner joined on the post on 20.9.1982. Vide Annexure-2 dated 20.12.1982...
M/S Karlo Auto Mobiles Private Ltd, and ors. Vs. the State of Bihar, a ...
Court: Patna
Decided on: Jul-06-2010
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 the entire proceeding arising out of Complaint Case No.1097 (C) of 1999 including the order dated 21.8.1999 passed by Sri A.K.Srivastava, Judicial Magistrate, 1st Class, Patna. By the said order, the learned Magistrate has taken cognizance of offences under Sections 406, 420 and 500 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 filed a complaint alleging therein that he had booked five- seater Maruti Van ( Non-cat) on 3.6.1999. The petitioners were dealer of the Maruti Car. It was booked in the Show-Room of the office of accused nos.1 and 2 and petitioner no.3 was the Regional Manager. After deposit of the cost of the vehicle, the vehicle was to be delivered. However, instead of delivery of five-seater Maruti Van ( non-cat), petitioners without disclosing the fact offered the Maruti Van of ...
Bhagwan Lal Sah, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-06-2010
1. Rakesh Kumar,J. Two 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 20.7.1999 passed by Sub.Divisional Magistrate, Muzaffarpur (East) in Case No.M316 of 1999 (Sudhakar Sharma v. Bhagwan Lal Sah). By the said order, the learned Magistrate has converted a proceeding under section 144 Cr.P.C. to a proceeding under section 145 of the Cr.P.C. on the basis of a petition filed by opposite party no.2.2. Mr. Ratan Kumar Sinha, learned counsel appearing on behalf of the petitioners, while referring to paragraph-9 of the petition, stated that they had purchased the land in question from his vendor, who was a party in a partition suit. The vendor after obtaining permission from the court where partition suit was pending had transferred the land to the petitioners by executing sale deeds. Thereafter, the petitioners got peaceful possession over the land in question and the land was al...
Baleshwar Prasad. Vs. State of Bihar.
Court: Patna
Decided on: Jul-06-2010
1. Jyoti Saran,JJ. The petitioner was a licensee to deal in country liquor from 1.4.1988 to 31.3.1989 at Dehri No. 2, Mohan Bigha. Just before the commencement of the licence period after settlement, he was asked to shift to another site on 30.3.1988. He filed Appeal No. 41 of 1988 before the Excise Commissioner which came to be dismissed on 29.3.1988. It was questioned in CWJC No. 3397 of 1988. Status quo ante was granted but it was finally dismissed as infructuous on 24.4.1990 when the licence period expired. In the meantime he obtained another licence from 1.4.1989 to 31.3.1990 for the same location presumably under the interim order of this Court in his pending writ application and ran the shop for the entire duration.2. On 1.4.1990 he was granted afresh licence valid till 31.3.1991. He made an application on 30.3.1990 that the licence may be given to him for period of one month only as he had been unable to obtain a fresh location which he shall shortly do. He deposited the licenc...
Baleshwar Prasad. Vs. the State of Bihar, and ors.
Court: Patna
Decided on: Jul-06-2010
1. Jyoti Saran,JJ. The petitioner was a licensee to deal in country liquor from 1.4.1988 to 31.3.1989 at Dehri No. 2, Mohan Bigha. Just before the commencement of the licence period after settlement, he was asked to shift to another site on 30.3.1988. He filed Appeal No. 41 of 1988 before the Excise Commissioner which came to be dismissed on 29.3.1988. It was questioned in CWJC No. 3397 of 1988. Status quo ante was granted but it was finally dismissed as infructuous on 24.4.1990 when the licence period expired. In the meantime he obtained another licence from 1.4.1989 to 31.3.1990 for the same location presumably under the interim order of this Court in his pending writ application and ran the shop for the entire duration.2. On 1.4.1990 he was granted afresh licence valid till 31.3.1991. He made an application on 30.3.1990 that the licence may be given to him for period of one month only as he had been unable to obtain a fresh location which he shall shortly do. He deposited the licenc...
Bhogendra Choudhary, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jul-06-2010
1. Rakesh Kumar,J. Learned counsel for the petitioner Sri K.P. Gupta submits that during the pendency of this petition, petitioner no.3 died.2. The petitioners, while invoking inherent jurisdiction of this Court under Section482 of the Code of Criminal Procedure, have prayed for quashing of order dated 6.3.1998 passed by Sub Divisional Judicial Magistrate, Jhanjharpur in Complaint Case No.529 of 1997. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 323, 498(A), 379, 352 and 342 of the Indian Penal Code. Learned counsel for the petitioners in presence of learned counsel appearing on behalf of opposite party no.2 informed that in the complaint petition, after order of cognizance, no effective subsequent order has been passed and the case is still pending at the same stage.3. Short fact of the case is that the opposite party no.2, who is the wife of petitioner no.1, filed a complaint vide Complaint Case No.529 of 1997 disclosing therein that th...
Purva Mukharjee. Vs. the State of Bihar, and anr.
Court: Patna
Decided on: Jul-06-2010
1. Anjana Prakash, J. The petitioner seeks quashing of the entire proceeding including the order dated 5.4.2006 by which the Judicial Magistrate, 1st class, Patna, has taken cognizance in Complaint Case No. 2304 of 2005 under sections 323 and 504 of the Indian Penal Code.2. The case of the complainant is that he was an empanelled lawyer of Indian Overseas Bank and despite his good work of having recovered bad loans on behalf of the Bank the cases were being withdrawn from him due to which he was mentally tortured. He further alleged that on 29.3.2005, the petitioner called him, abused him and even lifted his hand to assault him. The complainant alleged that he was mentally tortured on account of this and also because his name was delisted from the panel of the lawyers representing the bank.3. The matter was heard in admission on 9.4.2009 and the opposite party no.2 was noticed upon which opposite party no.2 entered appearance.4. It has been submitted that the petitioner was a former As...
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