Patna Court August 2010 Judgments
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Ganga Singh, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Aug-23-2010
1. Two petitioners, who are Manager and Owner of a Transport Company, namely, Capital Transport, are before this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 22.3.2001 passed in G.R. No.1333 of 1996, Tr. No.498 of 2001 arising out of Gaya Kotwali P.S. Case No.121 of 1996.2. Short fact of the case is that official of the Commercial Taxes Department intercepted a truck bearing Registration No.BRB 9015 loaded with various articles. Since the Transporter had violated certain provisions of the Bihar Finance Act, the Transport Company was imposed penalty of Rs.77,822.16 paise. It was alleged in the written report of Commercial Taxes Officer, Investigation Bureau, Gaya Division, Gaya submitted before the Officer-in-charge, Kotwali Police Station, Gaya that while releasing the truck along with goods, the Transporter/petitioners were directed to ascertain and note down the name and address of the perso...
Tripurari Sharan Singh, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Aug-19-2010
1. Shri Parashuram Singh files vakalatnama on behalf of the informant, who has not been arrayed as opposite party no.2 in the present case. Keep it on record.2. Today again, none appeared on behalf of the petitioners, when the case was called out. Yesterday 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.3. I have heard Smt. Renu Kumari, learned Additional Public Prosecutor, appearing on behalf of the State. I have also perused the materials on record.4. 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 26th July, 2001 passed by Additional District and Sessions Judge-VI, Patna in Cr. Revision No.166 of 2001. By the said order, the learned Additional Sessions Judge had partly allowed the revision filed by the petitioners and others.5. The case arises out of an F.I.R. vi...
Dinesh Narayan Jha, and anr. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-19-2010
(1) The plaintiff-appellants have filed this First Appeal against the Judgment and Decree dated 20.12.2004 passed by the learned Sub-Judge Ist, Darbhanga in Money Suit No.9 of 1998 dismissing the plaintiff-appellant's suit.(2) The plaintiff-appellants filed the aforesaid money suit for a decree of Rs.2,39,966.07/-. The plaintiff prayed the aforesaid relief on the ground that in 1988 for the purpose of Bagmati Irrigation Scheme, the respondents entered into an agreement with M/s Kali Enterprises for filing of earth. According to the said agreement after finishing the work, the plaintiffs raised bills and the defendant No.6 on 15.03.1990 issued a cheque for Rs.1,25,264/- and on 16.03.1990, another cheque was issued for Rs.82,114/- total Rs.2,07,378/-. Both the cheques bounced so the plaintiff filed C.W.J.C. No.5671 of 1992 before this Court. The said writ was disposed of on 23.02.1993 directing the defendant No.4 to consider the grievance of the plaintiff. A Liability Committee was const...
Noor Islam Khan, and ors. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-19-2010
1. The petitioners have challenged the order, dated 17.4.1990 passed by the Collector, Samastipur in Case No. 429 of 1988 by which he has held that the deed of gift, dated 4.5.1977 in favour of the petitioners is void and has imposed a fine of Rs. 250/-.2. The facts of the case are that Md. Shafique Khan had two sons, namely, Mehdi Hassan Khan and Muslim Khan and one daughter Noor Jehan Begum. Md. Shafique Khan gifted some of the lands to his grandson Noor Islam Khan, petitioner no.1. These lands have been described at paragraph 5 of the writ petition.3. The petitioners' case is that the lands in question are homestead lands and were gifted to them, eleven years before any challenge was putforth with respect to the deed of gift. The application under section 32 of the Consolidation Act envisages that "the transfer of any land contrary to the provisions of the Act shall be void, and the owner of any land, so transferred, shall be liable to such fine, not exceeding Rs. 250/-, as the Coll...
Jitendra Kumar Singh. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-19-2010
1. The sole petitioner has prayed for quashing of an order dated 4.1.1999 passed by Sri R.N.Tiwary, Judicial Magistrate, 1st Class, Purnia in Complaint Case No.C.A765 of 1998. By the said order, the learned Magistrate under Section 203 of the Code of Criminal Procedure had rejected the complaint filed by the petitioner, mainly on the ground of non- availability of prosecution sanction under Section 197 of the Code of Criminal Procedure.2. Short fact of the case is that the petitioner filed a complaint before the learned Chief Judicial Magistrate, Purnia , which was numbered as Complaint Case No.765 of 1998. In the complaint petition, it was alleged that while the petitioner was going to D.S. College, Katihar for appearing in the Examination and was at the Bus Stand, he was apprehended by accused no.2, who was Officer Incharge of Jalalgarh Police Station, Purnia. He was brought to Police Station. Thereafter, the mother and other family members of the petitioner rushed to the Police Stat...
Kamal Lata Singh. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-18-2010
1. Heard Sri Ashwani Kr. Singh, learned counsel for the petitioner, Sri U.S.P Singh, learned Additional Public Prosecutor for the State, and Sri Mahendra Thakur, for Opposite Party no.2.2. This is an application under section 482 of the Code of Criminal Procedure seeking quashing of order dated 02nd March, 2005 passed by the Chief Judicial Magistrate, Purnia, taking cognizance for the offences under Sections 406, 420 and 120B of the Indian Penal Code in Khazanchi Hat P.S. Case no. 229 of 1999.3. The relevant short admitted facts of this case is that opposite party no.2 filed Complaint Case no. 730 of 1999 in the Court of Chief Judicial Magistrate, Purnia on basis whereof Khazanchi Hat P.S. Case no.229 of 1999 was instituted. In the complaint petition, which forms part of first information report, it is stated that the complainant was in search of suitable land to construct house for his residence, accordingly, house under construction of the petitioner was selected and the parties ente...
Yogendra SharmA. Vs. State of Bihar.
Court: Patna
Decided on: Aug-18-2010
1. 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. Smt. Veena Rani Prasad appears on behalf of the State.2. I have also perused the materials available on record.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 an order dated 16.6.2001 passed by Shri S.C. Srivastava, Judicial Magistrate, Ist Class, Jehanabad in Trial No.1099 of 2001 arising out of Ghosi P.S. Case No.216 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 341, 448, 323, 337, 318, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.4. I have perused the materials available on record. Initially, F.I.R. was registered against seven accused persons including the petitioner. After registering the F.I.R. vide Ghosi P.S. Case No.216 of 200, on 8.8.2000, the police investigated the...
Sri Kant Mandal. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-18-2010
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 8.5.2001 passed by Sri R.P.Asthana, Judicial Magistrate, Aurangabad in Complaint Case No.C-295 of 2001, Trial No.988 of 2001. By the said order, the learned Magistrate has taken cognizance of offence under Sections 147,148, 323,325,504,118, 120B, 153A/149 and also 307 of the Indian Penal Code, Section 27 of the Arms Act and under Sections 135 and 136A of the Representation of People Act.2. Short fact of the case is that Opp.Party no.2 filed a complaint on 26.4.2001 in the court of the learned Chief Judicial Magistrate, Aurangabad disclosing therein that on 23.4.2001 he was Polling Agent of one Bameshwar Sharma for the post of Mukhiya. It was further disclosed that the petitioner was deputed there as Sub- Inspector of Police and it was alleged that the petitioner assisted the members of M.C.C. with a view to capture the...
Mukeshwar Prasad, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-18-2010
1. Heard learned counsels representing the parties and learned Additional Public Prosecutor for the State.2. Since all the three cases are interconnected, and at the time of orders on admission in the cases wherein orders were passed, subsequently they have already been ordered to be heard together with earlier admitted cases. Accordingly, all the three cases have been heard together and are being disposed, with the consent of the parties, of by this common order under Section 482 of the Code of Criminal Procedure.3. The former two cases that is Cr.Misc. no.19607 and 34657, both of 2006, have been preferred by respective petitioners seeking quashing of order dated 02nd May, 2006 passed in G.R. Case no. 1308 of 2005; Khaira P.S. Case no.187 of 2005, by the Subdivisional Judicial Magistrate, Jamui, rejecting their prayer seeking discharge under Section 239 of the Code of Criminal Procedure.4. Latter case, that is, Cr.Misc. no. 49995 of 2006 has been preferred seeking quashing of order da...
Surendra Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-18-2010
1. Heard learned counsel for the petitioners, Additional Public Prosecutor for the State and Sri Tarkeshwar Prasad Verma for opposite party no. 2.2. This is an application under Section 482 Cr.P.C. seeking to quash the order dated 28.11.2005 passed by learned Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case No. 239 of 1996, refusing to accept final form submitted by the police, after investigation but taking cognizance for the offence under Section 7 of the Essential Commodities Act, 1955 against the petitioners.3. Short relevant facts of this case is that on the written information received through opposite party no. 2 alleging some sort of black-marketing of essential commodities against the petitioners, Runnisaidpur P.S. Case No. 239 of 1996 was instituted on 30.12.1996 for the offence under Section 7 of the Essential Commodities Act. After investigation, police submitted final form on 31.10.2004 finding the case not true, on receipt of the same notice was issued to th...
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