Patna Court September 2010 Judgments
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Surendra Pratap Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-24-2010
1. Heard learned counsel for the petitioners in all the three cases, learned Additional Public Prosecutor for the State and learned counsel representing the informant. Since all the three petitions arise out of one case, they have been heard together and being disposed of by Composite order.2. The relevant facts for consideration is that one Janaki Devi was undisputed owner of the subject matter of the proceeding who executed two registered sale deeds for her property having an area of 3 Kathas 9 Dhoors respectively on 16.03.2001 and 17.03.2001 in favour of opposite party no.2 on payment of consideration. The informant further averted that in the house in question Chandeshwari Prasad Singh, deceased father of petitioner no.3 in Cr. Misc. No. 9336/2007 was a tenant who assured to vacate the house within a short period and he along with other petitioners persuaded the informant to enter into transaction as the property in question is free from any encumbrance and dispute but after purcha...
Tarique Ahmad. Vs. State of Bihar.
Court: Patna
Decided on: Sep-23-2010
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 8.9.1999 passed by the Chief Judicial Magistrate, Kishanganj in G.R. Case No.136 of 1998 arising out of Bahadurganj P.S. Case No.15 of 1998. By the said order learned Magistrate has taken cognizance of offences under sections 420, 384 and 323 of the Indian Penal Code and under Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as S.C/S.T. Act).2. Short fact of the case is that earlier a complaint was filed by the informant/complainant-Babu Lal Pandiya in the Court of Chief Judicial Magistrate, Kishanganj vide Complaint Case No.32 of 1998 which was referred to the police for its registration and investigation under section 156(3) of the Code of Criminal Procedure and, thereafter, first information report vide Bahadurganj P.S. Case No.15 of 1998 was regi...
Sunil Kumar, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Sep-23-2010
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 21.8.2002 passed by Shri Raj Kishore Rai, Judicial Magistrate, Ist Class, Patna in G.R. No.1111 of 1996 arising out of S.K. Puri P.S. Case No.31 of 1996. By the said order, the learned Magistrate has rejected the petition for discharge filed on behalf of the petitioner, which was filed in compliance with the order dated 2.7.2002 passed in Cr. Misc. No.16740 of 2001.2. Short fact of the case is that the petitioner was a licensee of retail liquor shop and on 6.7.1995, the shop of petitioner was inspected by Sub Inspector of Excise, Sadar, West, and Patna and during that search, some irregularities or illegalities were found in the shop of the petitioner. On the written report of Excise Department, an F.I.R. vide S.K. Puri P.S. Case No.31 of 1996 was registered on 30.3.1996 for offences under Sections 47(A) and 55 of the ...
Bishnu Deo Thakur. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Sep-23-2010
1. On the last occasion, by order dated 19.08.2010, we noticed that SLP No. 7233 of 2007 is pending before the Hon'ble Supreme Court against judgment and order of a Division Bench of this court dated 05.01.2007 whereby it was held that certificates / degrees of the students of Muslim Minority Ahmadiya B.Ed. College, Rampura, Katihar for the Session prior to 1999 -2000 must be restored. Since the appellants claimed to have passed out as students of Sessions 1990-91 from that college under the respondent- University, we made certain queries from the University which included as to whether the institution had affiliation for that session and whether the benefit of Division Bench judgment contained in annexure 1 has been granted to the concerned students of the institution and lastly whether the Supreme Court has granted any interim order in SLP No. 7233 of 2007.2. In response a counter affidavit has been filed on 16th Septmeber, 2010 which discloses that in view of then accepted recogniti...
Ranjeet Datta, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-22-2010
1. Two petitioners, who were posted as General Manager and Deputy Manager respectively in the Indian Tourism and Development Corporation (hereinafter referred to as "the ITDC") and posted in the ITDC "Hotel Patliputra Ashok", Patna, have approached this Court, while invoking its inherent jurisdiction under Section 482 Code of Criminal Procedure for quashing of an order dated 08.08.2000 passed by Sri N.B. Singh, Judicial Magistrate, Patna in complainant case No.236(C) of 1997. By the said order, learned Magistrate has taken cognizance of offences under Sections 500 and 504 of the Indian Penal Code.2. Short fact of the case is that Opposite Party No.2 claiming to be an authorized person of one M/s Trishul Shakti Travel and Tours filed a complaint in the court of Chief Judicial magistrate, Patna, which was numbered as complaint case No.236(C) of 1997 against one Dy.Superintendent of Police, four unknown constables and both the petitioners on an allegation of commission of offences under S...
Union of India, and ors. Vs. Sri Bidya Nand Choudhary, and ors.
Court: Patna
Decided on: Sep-21-2010
1. Both the writ petitions raise a common question of law with a view to challenge the correctness and legality of impugned orders passed by the Central Administrative Tribunal, Patna Bench, and Patna. In the case of Bidya Nand Choudhary, the impugned order is dated 3.6.2005 (Annexure-4) passed in OA No.697 of 2004. In the other case also the impugned order is dated 3.6.2005 but passed in OA No.764/2002 filed by the two petitioners of the other case, Yadunandan Roy and Balkishan Roy.2. In both the cases the learned Tribunal noticed that the charge-sheet relied only upon statement made by the concerned employees before the Justice G. N. Ray Commission which was admittedly constituted under Section 6 of the Commissions of Inquiry Act, 1952 in relation to a railway accident on 1.2.1999 involving collision between Awadh Assam Express and Brahmputra Mail at Gaisal within Katihar Division. The Tribunal found that use of statements made by the concerned employees / delinquent was not permissi...
indrajeet Singh. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-21-2010
1. Heard learned counsel for the petitioner, Additional Public Prosecutor for the State and Sri Manoj Kumar Jha, learned counsel for the opposite party no. 2, the complainant.2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of Complaint Case No. 498 C of 1996 along with order dated 04.1.1996 taking cognizance for the offences under Sections 379 and 506 of the Indian Penal Code, passed by Sri Rajesh Kumar, Judicial Magistrate, 1st Class, Patna besides order dated 07.01.2005 passed by learned IVth Additional Sessions Judge, Patna in Criminal Revision No. 552 of 1996 affirming the order of the court below.3. Undisputedly, the complaint case was filed by the opposite party no. 2 when some differences cropped up between opposite party and the developers of one apartment known as 'Krishna Apartment' at Boring Road, Patna and complaint was filed for the offences under Sections 34, 143, 147, 149, 380, 451 & 506 of the Indian Penal Code, but going t...
Deepankar Ghose, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-21-2010
1. 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 19.9.2003 passed by Sri S.K.Singh, Judicial Magistrate, Patna in Complaint Case No.1377C of 1999. By the said order, the learned Magistrate has rejected discharge petition filed on behalf of the petitioners.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 numbered as Complaint Case No.1377C of 1999, against both petitioners, who are Branch Manager and Regional Manager of Ashok Leyland Finance Ltd. Besides the two petitioners, M/s Ashok Leyland Finance Ltd. has also been made accused no.1 in the complaint case. It has been disclosed in the complaint Case that the complainant had purchased a truck bearing registration no.UP-65H5349 having Engine No.CZE 277120 Chesis No.DZE 389439 on hire purchase basis by way of getting loan amount financed f...
Mahmud Ali. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-21-2010
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 9.7.2003 passed by Sri Durgesh Mani Tripathi, Judicial Magistrate, 2nd Class, Gopalganj in Complaint Case No.626 of 2003/ Tr.No.466 of 2003. By the said order, the learned Magistrate after being prima facie satisfied that offences under Sections 323 , 379/34 of the Indian Penal Code was made out had directed for issuance of process against the accused persons including the petitioner.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Gopalganj on 21.4.2003, which was numbered as Complaint Case No. 626 of 2003 against two named accused persons including the petitioner and three unknown persons. It was alleged in the complaint petition that the complainant was a temporary employee in M/S Sasamusa Sugar Mill. While he was on duty, he was called by a Peon o...
Mahendra Mandal, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-21-2010
1. 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 09.08.2000 passed by learned Sessions Judge, Munger in Criminal Revision No.109 of 2000 and also consequential order i.e. order dated 23.11.2000 passed by Sri Murlidhar, Judicial Magistrate, 1st Class, Munger in complaint case No. 28 (c) of 1998.2. Short fact of the case is that Opp.Party No.2 adopted daughter of one Malik Mandal, who was also uncle of petitioner No.1, filed a complainant in the Court of learned Chief Judicial Magistrate Munger, which was numbered as complainant case No. 92 (c) of 1995, against both the petitioners on an allegation that petitioner No.1 along with petitioner No.2 pretending himself as husband of complainant had obtained transfer certificate in respect of complainant from Achhu Ram Balika Ucha Vidyalaya. It was alleged that only with a view to harass the complainant, accused persons had tak...
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