Patna Court August 2010 Judgments
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Smt. Rampati Devi, and ors. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-27-2010
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 7.2.2002 passed by the Sub Divisional Magistrate, Nawadah Sadar in Case No.1316 of 2001 whereby a proceeding under Section 144 of the Code of Criminal Procedure was converted to the proceeding under Section 145 of the Code of Criminal Procedure and both the parties were restrained from going to the disputed land.2. Short fact of the case is that a proceeding under Section 144 of the Code of Criminal Procedure was initiated on the prayer made by the opposite parties 2 to 21. Subsequently, the said proceeding was converted to a proceeding under Section 145 of the Code of Criminal Procedure by the order dated 7.2.2002.3. Aggrieved with the order of initiation of proceeding under Section 145 of the Code of Criminal Procedure, the petitioners have approached this Court by filing the present petition. On 7.10.2002, while issui...
Smt.Malati Devi, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Aug-26-2010
(1)The State of Bihar is the appellant in First Appeal No. 738 of 1993 whereas the land owners are the appellant in First Appeal No. 759 of 1993. Both these appeals are directed against the judgment dated 5.8.1993 and the award dated 21.8.1993 passed by Sri A.A. Gauri, the learned Land Acquisition Judge, Katihar in Land Acquisition Case No. 7 of 1988. The Land Acquisition Judge has awarded at the rate of Rs. 25, 000/- per acre. Being aggrieved by this award, the State has filed appeal challenging the said award whereas the land holders have filed the appeals claiming three lacs per acre.(2) For the purpose of deciding these appeals, the brief facts may be stated as under that in L.A. Case No. 2/1986-87, 1.48 acres of land belonging to the land owners were acquired by the State of Bihar for the purpose of construction of Katihar Town Protection Bandh known as Koshi Project, Purnea District. Notification under Section 4 of the L.A. Act was published in December 1986 and the claimants rec...
Ranjana Purvey, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-26-2010
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. None turned on behalf of the opposite party no.2 inspite of appearance and filing of the counter affidavit followed by supplementary counter affidavit.2. This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 10.08.2004 passed by Sri Om Prakash Srivastava, Judicial Magistrate, 1st Class, Patna in complaint case no. 373(C) of 2004 taking cognizance for the offence under sections 379 and 149 of the Indian Penal Code.3. The relevant facts of the case is that opposite party no.2 filed the complaint case for the offence under section 452,380, 307,147, 148, 149 of the Indian Penal Code and 27 of the Arms Act in the court of Chief Judicial Magistrate, Patna on 12.02.2004 alleging that on previous evening at about 7 P.M., the two accused persons who are petitioners here along with 15 20 unknown persons took away the articles belonging to Shri...
Rakesh Narayan, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-26-2010
1. The present application was filed initially by four petitioners against the order dated 13.12.2001 passed by Sri S.K.Singh, Judicial Magistrate, 1st Class, Samastipur in Complaint Case No.1065 of 2001. Initially, the petitioners had challenged the order of issuance of warrant of arrest against the petitioners. Subsequently, an Interlocutory Application vide I.A.No.776 of 2002 was filed with a prayer to amend the prayer in petition to the extent of quashing of proceeding in Complaint Case No.1065 C of 2001 along with quashing of order of cognizance dated 17.10.2001. The case was pending before Sri S.K.Singh, Judicial Magistrate, 1st Class, Samastipur. The said Interlocutory Application was allowed by an order dated 15.3.2004. At the time of admission, by order dated 3.10.2002, the petition in respect of petitioner nos.1, 3 and 4 was rejected by this Court. It has been submitted by Sri Anil Kumar, learned counsel appearing on behalf of petitioners that against the order dated 3.10.200...
Hari Shankar Prasad. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-26-2010
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 an order dated 22.9.2001 passed by Sri Ram Chandra, Judicial Magistrate, Ist Class, Saharsa in Complaint Case No.400 C of 2000. By the said order, the learned Magistrate has taken cognizance of offence under section 323 of the Indian Penal Code.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Saharsa, which was numbered as Complaint case No.400 C of 2000. In the complaint petition, it was alleged that on 15.6.2000, the complainant, who was Halka Karamchari under the petitioner, who was Circle Officer, called the complainant at his residence and thereafter, he threatened and abused and also assaulted the petitioner. It was alleged in the complaint petition that the petitioner had committed offence under Sections 341, 323, 427 and 504 of the Indian Penal Code and Section...
Dineshwar Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-26-2010
1. Heard learned counsel for the petitioners, Additional Public Prosecutor for the State and learned counsel for the opposite party.2. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 04.03.2004 passed by Sri S. Chandra, Judicial Magistrate, 2nd Class, Ara in complaint Case No. 1403C of 2002, Trial No. 22 of 2004 taking cognizance under Section 504 of the Indian Penal Code and issuing processes and order dated 07.04.2005 passed by learned 5th Additional Sessions Judge, Bhojpur at Ara in Criminal Revision No. 63 of 2004 affirming the order of the Magistrate aforementioned.3. The relevant fact of the case is that opposite party no. 2, filed Ara (Mufasil) P.S. Case No. 116 of2002 instituted under Sections 379, 504/34 of the Indian Penal Code, stating therein that a few days before in storm, trees standing over Khata No. 158, Khesra No. 1293, Area 49 decimal in village Bhakura fell down and he entrusted one Bhuneshwar Sharma to cut...
Pramila Devi, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-26-2010
1. Nine 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 18.1.2002 passed by the Chief Judicial Magistrate, Munger in Munger Kotwali p.S. Case No.74 of 2001. By the said order, the learned Magistrate, differing with the police report, has taken cognizance of offence under Section 498A of the Indian Penal code and directed for summoning the accused persons.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Munger, which was number as Complaint Case No.107(c) of 2001. In the complaint petition, it was alleged that the accused persons had committed offence under Sections 323, 307 and 498A of the Indian Penal Code. It was alleged that opposite party no.2 was husband of one Dipti @ Salini. The marriage was solemnized in February, 1998 and thereafter, when his wife arrived at her in-laws place, the accused persons start...
Hasan Imam, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-25-2010
1. Heard learned counsel for the petitioners, Additional Public Prosecutor for the State and learned counsel for the complainant. Perused supplementary affidavit filed on behalf of the petitioners.2. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 06.12.1999, learned Sub-Divisional Magistrate, Jehanabad in Case No. 1207 (M) of 1999 passing an order under Section 146 (i) of the Code of Criminal Procedure for attachment of the subject matter of the proceeding and order dated 09.12.2004 passed by 2nd Additional Session Judge, Jehanabad in Criminal Revision No. 40 of 2003 refusing to interfere in the above order.3. Admittedly, at the instance of opposite party no. 2, one proceeding bearing Case no. 1207 (M) of 1999 under Section 145 of the Code of Criminal Procedure was initiated with respect of piece of land having an area 5 dhurs 5 dhurkies under Plot No. 3926, Khata No. 797, bounded as North lane, South Md. Hassan Imam, East Bi...
Bibi Islaman, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Aug-25-2010
1. Five 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 6.9.2000 passed by the Additional Chief Judicial Magistrate, Benipur in Bahera P.S. Case No.89 of 2000. By the said order the learned Magistrate has taken cognizance of the offences under sections 366A and 376/109 of the Indian Penal Code against all the accused persons differing with the police report.2. Short fact of the case is that a case was instituted against the petitioners and one another for the offences under sections 363, 365 and 366A of the Indian Penal Code which was registered as Benipur Bahera P.S. Case No.89 of 2000. During the course of investigation the victim was recorved and subsequently charge sheet was submitted against only one accused namely Md. Chhedi. After submission of charge sheet, the learned Magistrate examined the materials available in the case diary and discussing each and every material...
Mahabir Hazara, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-25-2010
1. Five 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 7.8.1999 passed by the learned Chief Judicial Magistrate, Bettiah in Purshottampur P.S. Case No.79 of 1998, whereby the learned Chief Judicial Magistrate differing with the police report, which was submitted under Section 323 of the Indian Penal Code as non-cognizable offence, has taken cognizable of offences under Sections 313/316 of the Indian Penal Code as well as under Sections 341/323 and 427 of the Indian Penal Code and summoned the accused persons. The petitioners have also prayed for quashing of order dated 8.1. 2001 passed in Cr.Revision No. 287 of 1999 by 3rd Addl.Sessions Judge, Bettiah, and West Champaran. By the said order the revision preferred by the petitioners against the order of cognizance dated 7.8.1999 was rejected.2. Short fact of the case is that on the basis of fardbeyan of Opp.Party no.2, an F.I....
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