Patna Court September 2010 Judgments
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Daya Shankar Prasad SharmA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-14-2010
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. This is an application under section 482 of the Criminal Procedure Code seeking quashing of order dated 23.02.2006 passed by VIIIth Sessions Judge, Muzaffarpur, in Criminal Revision No. 152 of 2004 setting aside order dated 26.08.2004 in Complaint Case No. 478/2004 passed by Sri S.K. Jha, Judicial Magistrate, 1st Class, Muzaffarpur, dismissing the Complaint Case No. 478/2004 after inquiry.3. The relevant facts of this case is that opposite party no.2 preferred complaint case no. 478/2004 before the Court of S.D.J.M. (West) Muzaffarpur alleging therein that on 16th March 2003 there was an agreement between him and the accused for sale of land of Khata Nos. 2812, 3166 and 1955 respectively for an area of 9 decimals, 66 decimals and 92 decimals for a sum of Rs. 1,93,000/- out of which 1,43,000/- was paid in advance in different p...
Md.izhar, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Sep-14-2010
1. Heard learned Additional Public Prosecutor for the State. None appeared on behalf of the petitioners, perused record as well as report received from the court below through Letter No. 19 dated 30th August, 2010 and the supplementary case diary.2. This application has been preferred by four petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 28.10.2003 passed by Chief Judicial Magistrate, Saharsa taking cognizance for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act against seven accused persons, including four petitioners in Bakhtiyarpur Police Station Case No. 81 of 2003 and traveling the record to the court of Sri Azazuddin, Judicial Magistrate, 1st Class, Saharsa for commitment .3. Relevant facts of this case is that Bakhtiyarpur Police Station Case No. 81 of 2003 was instituted on 18.07.2003 for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, on the fardbeyan of one...
Dhananjay Pandey. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Sep-14-2010
1. During the course of hearing, learned Senior Counsel for the petitioner has produced certified copy of the order dated 27.3.2000 passed in Complaint Case No.245 of 2000. Let it be kept on record. 2. The sole petitioner, who was complainant before the court below, has approached this Court , while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure , with a prayer to quash the order dated 3.7.2000 passed by Sri R.K.Mishra, learned Chief Judicial Magistrate, Rohtas at Sasaram in Case No. 245 ( C) of 2000. By the said order, the learned Magistrate has rejected the complaint i.e. Complaint Case No.245(C) of 2000 under Section 203 of the Code of Criminal Procedure. The petitioner has further prayed for quashing of the order dated 21.9.2000 passed in Cr.Revision No. 259 of 2000 by 7th Addl.Sessions Judge, Rohtas at Sasaram, which was preferred against the order of rejection of complaint petition by the petitioner.3. Short fact of the case is that the pet...
Sheo Nandan Prasad. Vs.The Union of India, and anr.
Court: Patna
Decided on: Sep-13-2010
1. This writ petition is directed against the order dated 22.6.1994, passed by the Settlement Commission (IT & WT), Additional Bench, Calcutta, in purported exercise of powers under Section 245 D (4) of the Income-Tax Act, 1961, (hereinafter referred to as the Act), whereby the order of assessment as per the prescribed procedure has been passed and also orders have been passed for payment of interest. The present writ petition is confined to that part of the impugned order whereby interest has been imposed on the petitioner.2. It relates to assessment years 1985-86, 1986-87, 1987-88, 1988-89 and 1989-90. The petitioner is a dealer in food-grains. He approached the Settlement Commission in terms of Section 245C of the Act for assessment of his returns with respect to the said periods. The Settlement Commission passed the final order on 22.6.1994, and portion of which is impugned herein. As stated, learned counsel for the petitioner does not raise grievance with respect to the order of a...
Rabindra Rai. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Sep-13-2010
1. On call neither any one appeared on behalf of the petitioner nor on behalf of Opp.Party nos. 2 and 3 either to press this petition or to make a prayer for adjournment. However, Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appearing on behalf of the State is present.2. The present petition has been filed under Section 482 of the Code of Criminal Procedure mainly with a prayer to quash the order dated 8.9.2003 passed by the learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari in Rajepur P.S. Case No.57 of 2002 . By the said order, the learned Magistrate has taken cognizance of offences under Sections 379, 406, 409, 414 and 34 of the Indian Penal Code.3. I have perused the materials available on record including the impugned order. On perusal of the order of cognizance , the Court is satisfied that the learned Magistrate, while taking cognizance of offences , has examined the materials available in the case diary and by assigning a detailed reason has taken cogniz...
Manju Kumari, and ors. Vs. Shailendra Kumar.
Court: Patna
Decided on: Sep-13-2010
1. Neither any one appeared on behalf of the petitioners or on behalf of opposite party no.1. Smt. Indu Bala Pandey, learned Additional Public Prosecutor appears on behalf of the State.2. Three 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 13.2.2001 passed by Sri B.P. Singh, Judicial Magistrate, Ist Class, Patna in Complaint Case No.1695(C) of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Section 471 of the Indian Penal Code and directed for summoning the petitioners.3. Short fact of the case is that opposite party no.2, wife of petitioner no.1, filed a complaint in the court of Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No.1695(C) of 2000. In the complaint petition, it was alleged that petitioner no.1 had filed a case vide Case No.13 M of 1995 before the Family Court under Section 125 of the Code of Crimin...
Bishwanath Roy, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-13-2010
1. On call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment.2. Seven 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 12.09.2002 passed in Complaint Case No.C-295 of 2002, Tr.No.1842 of 2002. By the said order, the learned Magistrate has taken cognizance of offences under Sections 147,323, 498A and 379 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act.3. Short fact of the case is that Opp.Party no.2, wife of petitioner no.7 filed a complaint in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur , which was numbered as Complaint Case No.295 of 2002. It was alleged in the complaint petition that Opp.Party no.2 was married with petitioner no.7 in the year 1997. Right from the marriage accused persons started torturing the complainant with a view to extract further dowry. It was alleged in t...
State of Bihar. Vs. Birendra Prasad.
Court: Patna
Decided on: Sep-13-2010
(1)The State of Bihar has filed these two First Appeals against the common judgment dated 07.06.1993 and the decree signed on 11.06.1993 by Sri Abhaya Nand Chaudhary, the learned Sub Judge I- cum-Land Acquisition Judge, Sitamarhi in L.A. Case No. 33 of 86 and 37 of 86. First Appeal No. 642 of 1993 arises out of L.A. Case No. 33 of 86 whereas First Appeal No. 646 of 1993 arises out of L.A. Case No. 37 of 86.(2) The lands of the claimants-respondents of both the cases were acquired by the State of Bihar for the purpose of rehabilitation of people of Village-Adambandh under Bagmati Project Scheme. In L.A. Case No. 33 of 86, total 0.42 acres area of Birendra Prasad was acquired. In L.A. Case No. 37 of 86, total area of 1.10 acres of Sadique Mian was acquired. It appears that the lands are small parts of various plots. The notification under Section 4(i) of the Land Acquisition Act was issued on 01.05.1982. Award No. 21 was prepared in the name of Sadique Mian whereas Award No. 25-K was pre...
Bhante Anand. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-13-2010
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 entire criminal prosecution against him in Complaint Case No. 403 of 2000/ 409 of 2000 including the order dated 24.7.2000 passed by Shri S.K.Singh, Judicial Magistrate, 1st Class, Gaya. By the said order, the learned Magistrate has taken cognizance of offences under Sections 500 and 506 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2, who was Assistant General Secretary; Mahabodhi Society of India, Gaya filed a complaint in the court of the learned Chief Judicial Magistrate, Gaya, which was registered as Complaint Case No. 403 of 2000. In the complaint petition, it was alleged that on 10.11.1999 a news item was published in a Newspaper, namely, " PRABHAT KHABAR" ( Hindi Edition) at the instance of the petitioner under the heading that "MAHABODHI SOCIETY VISHW HINDU PARISHAD KE GOAD ME CHALI GAI; Bhante Anan...
Balindra Sahani. Vs. State of Bihar.
Court: Patna
Decided on: Sep-13-2010
1. The sole appellant, Balindra Sahani has been convicted under sections 364, 302 and 201 of the IPC by 1st Additional Sessions Judge, Saran in Sessions Trial No. 548 of 2002 by Judgment and Order dated 07.04.2006 / 10.04.2006. The appellant has been sentenced RI for life for his conviction under section 364 and 302 IPC and RI for three years for conviction under section 201 IPC.2. The informant, Vijay Singh, P.W. 1, is the father of victim, Raja Babu @ Ganesh, who was kidnapped and killed by unknown persons. The occurrence regarding kidnapping of the victim boy was committed in between 08.30 a.m. to 11.00 a.m. on 14.06.2000, when he has proceeded from his father's shop after taking choclates and biscuits, which was a routine affair. The boy did not reach to his house; this was noticed by the informant at 11.00 a.m. on the same date. Thereafter, a search was made for the missing boy, but he was not traced out. On 15.06.2000 at 04.15 pm., a Sanha Entry No. 291 was recorded at Taraiya Po...
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