Patna Court September 2010 Judgments
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Dharm Godha, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-16-2010
1. Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State. None appeared on behalf of the complainant-opposite party in spite of earlier appearance and filing and belated and disputed counter affidavit as appears from earlier order dated 18.03.2009.2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 17.02.2004 passed by Shri R.K.Chaudhary, Judicial Magistrate, 1st Class, Darbhanga, taking cognizance for the offences under Sections 380 & 452 of the Indian Penal Code in Complaint Case No. 08 of 2002, Trial No. 821 of 2005.3. The relevant facts of this case is that opposite party no. 2 on 3rd January, 2002 preferred the complaint before Chief Judicial Magistrate, Darbhanga alleging therein that in his absence on 30th October, 2001 in the afternoon occurrence took place in banglow no. 6, but where in since after allotment, he was residing with his family working as Senior Manager, Engineering Se...
Bhup Narayan JhA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-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 7.7.2001 in Complaint Case No.935(C) of 1999 passed by the Judicial Magistrate, Saharsa. By the said order, the learned Magistrate has rejected the petition for discharge filed on behalf of the petitioner.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.935(C) of 1999 against the petitioner and one another on an allegation of commission of offences under Sections 144, 379 and 411 of the Indian Penal Code. It was alleged by the complainant that the accused persons including the petitioner had looted crops of the complainant by putting the complainant in fear. At the time of occurrence, it was alleged that the accused persons had also shown pistol to the complainant. After filing of the complaint and conduct...
Dr.Md.Yahiya, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-16-2010
1. Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and Sri Sajid Salim Khan for the opposite party.2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 27th November, 2004 passed by Sri Vikash Chandra Shukla, Additional District and Sessions Judge, Fast Track Court no.V, Aurangabad in Cr.Rev. no. 10 of 2003 / 20 of 2004 setting aside the order dated 03rd January, 2003 passed by Chief Judicial Magistrate, Aurangabad, in Dhibra P.S. Case no. 14 of 2002 accepting the final form submitted by the Police and proceeding against opposite party no.2 for the offences under Sections 182/211 of the Indian Penal Code.3. Relevant facts of this case is that opposite party no.2 filed Complaint Case no. 1036 of 2001 against the petitioners for the offences under Sections 406, 420, 465, 386, 564 and 120B of the Indian Penal Code stating therein that there was an Organization named as Anjuman Niyamat Pu...
Dilip Kumar Yadav. Vs. State of Bihar.
Court: Patna
Decided on: Sep-15-2010
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of First Information Report being Dumra P.S. Case no. 71 of 2005 dated 18th May, 2005 lodged under Section 125A of the Representation of the Peoples Act, 1951 and under Sections 171(G), 177, 181, and 198 of the Indian Penal Code.3. The relevant facts of the case is that the petitioner was a candidate for election for Local Body Constituency wherein as per requirement along with his nomination furnished the required details supported with affidavit. Subsequently, one of the people lodged a complaint before the Authority that in the affidavit, furnished by the petitioner, some required details were deliberately concealed as to pendency of four criminal cases besides some properties standing in his name. On receipt of the complaint, report from different agencies was called for. A few were received...
Kush Kumar. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-15-2010
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of complainant opposite party no.2.2. It is verbally submitted by learned counsel for the petitioner that complaint case no. 519C of 2001 is still pending before the court below and is running at evidence stage.3. This is an application seeking quashing of the order dated 19.04.2001 passed in complaint case no. 519C/2001 by Sri Suresh Kumar Singh, Judicial Magistrate, 1st Class, taking cognizance against the petitioner for the offence under section 120B of the Indian Penal Code.4. In the complaint filed against six persons including the petitioner by same order, court below did not take cognizance against named accused no.5 for the offence under Sections 420 and 465 of the Indian Penal Code but took cognizance against remaining accused nos. 1 to 4.5. The relevant facts for consideration is that complainant opposite party was approached by accused nos. 1 to 4 for s...
State of Bihar, and anr. Vs. NaraIn Dutta Pandey, and anr.
Court: Patna
Decided on: Sep-15-2010
1. The State of Bihar and the concerned officials have preferred this intra court appeal under Letters Patent of this court to assail the judgement and order dated 17-12-2009 whereby a learned Single Judge has allowed a writ petition bearing CWJC no. 1836/2006 and directed to enhance the pensionary benefits of the writ petitioner by counting his service from 01-09-1969 to 30-04-1978 as pensionable service under the State of Bihar. Enhanced pension along with arrears has been directed to be paid within a fixed time. The essential facts may first be noticed in brief.2. The writ petitioner claims that he was appointed as Planning-cum- Survey officer in a project known as Rural Industry Project (hereinafter referred to as the "RIP") on 01-09-1969 and was promoted to the post of Project Officer w.e.f. 24-3-1975. The RIP is claimed to be sponsored and financed by the Government of India through the State Government since 1965-66. A note sheet dated 11-5-1977 has been annexed as annexure-2 to...
Santlal Paswan. Vs. State of Bihar.
Court: Patna
Decided on: Sep-15-2010
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 22.3.1999 passed by the Chief Judicial Magistrate, Vaishali in Trial No.645 of 1999 arising out of Baligaon P.S. Case No.14 of 1998. By the said order, the learned Magistrate has taken cognizance of offence under Sections 324, 326, 302/34 of the Indian Penal Code.2. Short fact of the case is that on the basis of fardbeyan of one Ganaur Paswan, an F.I.R. vide Baligaon P.S. Case No.14 of 1998 was registered on 14.5.1998 for the offence under Sections 341, 323, 326, 307/34 and 324 of the Indian Penal Code, in which subsequently Section 302 I.P.C. was added after the death of the injured. The informant had disclosed in his fardbeyan that this petitioner and other accused persons were involved in a case in which kerosene oil was sprinkled on one Ram Bilas Paswan and in the said occurrence, thereafter, accused Surendra Paswa...
Nareshwar MishrA. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Sep-15-2010
1. In both the cases, order of cognizance dated 19.1.2001 passed in Complaint case No.673 C of 2000 by the Judicial Magistrate, Patna is under challenge and as such both the petitions were heard together and are being disposed of by this common judgment.2. By order dated 19.1.2001, the learned Judicial Magistrate, Patna had taken cognizance of offence under Sections 406 and 420 of the Indian Penal code and summoned the petitioners to face trial in Complaint Case No.673 C of 2000.3. Short fact of the case is that a complaint vide Complaint Case No.673C of 2000 was filed on behalf of B Gates Infotech System Integrators Private Limited through its Director Mr. Manoj Kumar Saraf for the offence under Sections 406, 417, 418 and 420 of the Indian Penal Code against five accused persons, namely, (1) Government Polytechnics, Darbhanga, (2) Mr. Bhagwan Singh, Principal, Government Polytechnic, Darbhanga, (3) Gopal Prasad Varma, Ex Principal-in-charge, Government Polytechnic, Darbhanga, (4) N. M...
Dinesh Kumar, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-15-2010
1. Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the complainant opposite party no.2.2. This is an application for quashing of the order dated 14.07.2004 passed by the learned Sr. G.C. Gupta, Judicial Magistrate, 1st Class, Siwan, passed in Complaint Case No. 1170 of 2003, Trial No. 1330 of 2004 taking cognizance for the offence under Sections 323, 342, 379 and 384 of the Indian Penal Code.3. The relevant facts of this case is that opposite party no.2 filed the Complaint Case No. 1170/2003 on 21.08.2004 in the court of Chief Judicial Magistrate, Siwan, stating therein that on 19.08.2003 at about 11 A.M. while he was sitting along with his father Parsuram Prasad at their roadside shop at Titra Bazar, the petitioners with four constables arrived there on a jeep and petitioner no.2, a peon, came to their shop asked about father of the complainant who was being called by petitioner no.1 who on inquiry disclosed that he...
Abhiram SharmA. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Sep-15-2010
1. Learned counsel for the petitioner files supplementary affidavit enclosing therewith certified copy of the order dated 21.5.1997 passed in Complaint Case No.1326 C of 1996 as well as orders dated 9.4.2010 and 5.5.2010 passed in the said Compalint Case. Let it be kept on record.2. 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 1.10.1996 passed in Complaint Case No.801 (2) of 1996. By the said order, the learned Sub Divisional Judicial Magistrate, Masaurhi has taken cognizance of offence under Section 182 of the Indian Penal Code and directed for summoning the petitioner.3. Short fact of the case is that as per instance of the petitioner, an F.I.R. vides Dhanarua P.S. Case No. 137 of 1995 was registered against Ramanuj Sharma and others for the offences under Sections 147,447 and 379 of the Indian Penal Code. However, after investigation, the police submitted final ...
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