Patna Court August 2010 Judgments
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Chhatradhari Prasad. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-16-2010
1. The sole petitioner, who was complainant before the learned Chief Judicial Magistrate, Gopalganj, has come before this Court with a prayer to quash the order dated 4.6.2001 passed in Cr.Revision No.329 of 2000 by the learned District & Sessions Judge, Gopalganj , whereby he has rejected the revision filed by the petitioner and confirmed the order dated 30.8.2000 passed by the learned Chief Judicial Magistrate, Gopalganj in Complaint Case No.1508 of 1999. By the order dated 30.8.2000 the learned Chief Judicial Magistrate had rejected the complaint petition filed by the petitioner under Section 203 of the Code of Criminal Procedure.2. Short fact of the case is that the petitioner filed a complaint on 19.8.1999 in the court of the learned Chief Judicial Magistrate, Gopalganj, which was registered as Complaint Case No.1508 of 1999. In the Complaint petition seven persons, who were mostly government officials, were arrayed as accused for commission of offences under Sections 167,193,420,...
State of Bihar, and ors. Vs. Anju Mian, and ors.
Court: Patna
Decided on: Aug-16-2010
1. Both the above cases have arisen out of & judgment dated 19th July, 1988 passed by Sri Someshwar Nath Pathak, Ist Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 25 of 1986 whereby he has acquitted all the above respondents/opposite parties namely, Anju Mian, Wali Mohammad alias Maduli, Muhamad Sayim @ Shamim, Mohamad Quasim, Rasul Bux, Rustam Mia, Mohammad Kalu and Mohammad Anwar from the charges under Sections 302,149 and 323 of the Indian Penal Code for causing death of Md.Iliyas and injury to Md.Abas.2. When both the cases were called out for hearing, no one appeared on behalf of the respondents in Govt.Appeal and none had appeared on behalf of both the parties in revision. After hearing learned Additional Public Prosecutor appearing for the appellant and perusing the judgment and other materials on record, we are disposing of both the above cases.3. Occurrence was of 13.12.1982 and according to allegation, when the informant Md.Abbas was taking betel at the...
Ganga Bishun Sah, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-16-2010
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 29.11.2000 passed by the learned Addl.Chief Judicial Magistrate, Jhanjharpur in G.R. No.87 of 1998, Tr.No.1193 of 2000, arising out of Madhepur (R.S. Siwir ) P.S.Case No.17 of 1998 . By the said order, the learned Magistrate has taken cognizance of offences under Sections 467, 420 and 120B of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 filed a complaint vide Complaint Case No.12 of 1998 in the court of the learned Chief Judicial Magistrate, Jhanjharpur , which was referred to the police for its registration and investigation under Section 156 (3) of the Code of Criminal Procedure. Thereafter, cases vide Jhanjharpur P.S. Case No.17 of 1998 was registered for the offences under Sections 418, 420, 467 and 120B of the Indian Penal Code. It was alleged in the complaint petition that petitioner nos. ...
Jahuri Sah. Vs. State of Bihar.
Court: Patna
Decided on: Aug-16-2010
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 28.3.2000 passed by the learned Additional Chief Judicial Magistrate, Rosera in G.O. Case No.188 of 1999, T.R. No.1007 of 2001. By the said order the learned Magistrate has taken cognizance of offences under sections 182 and 211 of the Indian Penal Code.2. Short fact of the case is that the petitioner had initially filed a written report before the Officer Incharge Hasanpur (Bithan) Police Station on an allegation that Suresh Sah and others had committed offence under sections 420 and 406 of the Indian Penal Code. On the basis of written report submitted by this petitioner, first information reports vide Hasanpur (Bithan) P.S. Case No.132 of 1994 was registered on 23.11.1994. After registering the first information report, police conducted investigation and after long delay the police came out with a case that the peti...
Shoe Ahto. Vs. the State of Bihar.
Court: Patna
Decided on: Aug-16-2010
1. Above noted both the appeals have arisen out of common judgment so both have been heard together and are being disposed of by this common judgment.2. Above noted appeals have been preferred by the appellants named above against the judgment dated 13th December, 1988 passed in Sessions Trial No. 676 of 1985 by the learned 7th Additional Sessions Judge, Patna whereby the appellants have been convicted under Sections 302/34 and 201 of the Indian Penal Code and each of them have been sentenced to undergo rigorous imprisonment for life under Sections 302 read with Section 34 of the Indian Penal Code and further each have been sentenced to undergo rigorous imprisonment for three years under Section 201 of the Indian Penal Code and it was ordered that both the sentences shall run concurrently.3. The appellants were charged under Sections 302/34 of the Indian Penal Code for intentionally committing murder/causing death of Veena Devi daughter of Hari Narain Mahto in furtherance of common int...
Guneshwar Chaudhary, and ors. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-13-2010
1. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for setting aside the notice dated 5.12.2000 issued under the signature of Sub Divisional Magistrate, Jhanjharpur in Misc. Case No.546 of 2000 on the basis of petition filed on behalf of opposite party nos.2 to 8 for initiating a proceeding under Section 145 of the Code of Criminal Procedure,1973.2. A petition was filed on behalf of opposite party nos.2 to 8 before the Sub Divisional Magistrate, Jhanjharpur with a request to initiate a proceeding under Section 145 of the Code of Criminal Procedure in relation to land appertaining to Khata No.647, Plot Nos.7628, 7441, 7398, 10538. After filing of the petition on 5.12.2000, the Sub Divisional Magistrate issued notice to the petitioners to file show cause. After receipt of the notice, the petitioners approached this Court by filing the present petition. By an order dated 20.2.2002, this Court directed t...
Mukesh Kumar Shrivastav, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Aug-12-2010
1. Two petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 6.12.1999 passed by the Judicial Magistrate, Patna in Complaint Case No.1421 (c) of 1999 and also for quashing of entire prosecution in Complaint Case No.1421 (c) of 1999.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Patna, which was registered as Complaint Case No.1421 (c) of 1999. In the complaint petition, it was alleged that petitioner no.1, who was Area Business Manager of Cadila Pharmaceuticals Ltd., Patna and petitioner no.2, who was Proprietor-cum-C. &F; Agent of Cadila Pharmaceuticals, Patna persuaded the petitioner to be appointed as Stockist of the medicine of Cadila Pharmaceutical Ltd. It was alleged that for the purposes of his appointment as Stockist, the accused persons got a deposit of Rs.10,00,000/- as security deposit. Out of Rs.10,00,000/- amount, Rs.2,50,000/-...
Sikandar Prasad, and anr. Vs. State of Bihar.
Court: Patna
Decided on: Aug-11-2010
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.2. This application has been preferred against order dated 16th June, 2005 passed by learned Chief Judicial Magistrate, Jehanabad, taking cognizance under Section 414 of the Indian Penal Code in Makhdumpur P.S. Case no. 80 of 2005 (G.R. no.535 of 2005, Trial no. 1725 of 2005).3. Perused the lower court records, which were called for by order dated 30th October, 2006 at the time of admission of this application, received as early as on 31st January, 2007. The case was instituted on the self statement of Officer in charge who, on getting confidential information about one tank-lorry bearing registration no.BR-52 / 3077 coming from Patna side with unauthorized diesel therein, conducted checking and found the information correct regarding the vehicle which was stopped. The petitioners were respectively driver and Deputy Driver of the tanker. Other papers were found correct but owner book, dr...
Md. Samad. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Aug-11-2010
1. In both the cases, order dated 25.1.2000 passed by the learned District & Sessions Judge, Munger in Cr.Revision No.278 of 1999 , whereby the learned Sessions Judge has upheld the order dated 20.9.1999 passed by the learned Chief Judicial Magistrate, Munger, is under challenged and , as such, both the petitions are being disposed of by this common Judgment.2. In Cr.Misc.No.4758 of 2000, a prayer has been made to quash that part of the order dated 25.1.1999 passed by the learned District & Sessions Judge, Munger in Cr.Revision No.278 of 1999, whereby he has upheld order taking cognizance dated 20.9.1999 against the petitioner under Sections 182 and 211 of the Indian Penal Code by the learned Chief Judicial Magistrate, Munger.3. In Cr.Misc.No.9895 of 2000, a prayer has been made to quash part of the order dated 25.1.1999 passed by the learned District & Sessions Judge, Munger in Cr.Revision No.278 of 1999, whereby he has upheld order dated 20.9.1999 passed by the learned Chief Judicial...
Ram Tapeshwar MishrA. Vs. State of Bihar.
Court: Patna
Decided on: Aug-11-2010
1. The sole petitioner, who was at the relevant time posted as Dy. Collector, Madhubani Collectorate has come before this Court for quashing of an order, i.e. order dated 4.8.2000 passed by the learned Judicial Magistrate, 1st Class, Madhubani in G.R. Case No.327 of 2000 arising out of Madhubani Town P.S. Case No.191 of 1990. By the said order the learned Magistrate has rejected the petition filed on behalf of the petitioner for his discharge under Section 239 of the Code of Criminal Procedure. It is second attempt by the petitioner to delay the commencement of the trial. Initially, after the order of cognizance, the petitioner approached this Court by filing a quashing application vide Cr.Misc.No.12418 of 1995, which was initially admitted on 5.9.1995. However, finally this Court did not interfere with the proceeding and the petition was disposed of on 11th November, 1999,2. Sri Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioner submits that the F.I.R. itself was...
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