Patna Court September 2010 Judgments
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Dularchand Prasad, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-07-2010
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 21.09.2001 passed by Sri S.Kumar, Judicial Magistrate, 1st Class, Banka in Complaint Case No.465 of 2001, Tr.No.1444 of 2001. By the said order, the learned Magistrate has taken cognizance of offences under Sections 147,341 and 323 of the Indian Penal Code. The petitioners have also prayed for quashing of the entire criminal proceeding in Complaint Case No.465 of 2001.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of the learned Chief Judicial Magistrate, Banka on 6.6.2001, which was number as Complaint Case No.465 of 2001, on an allegation that both the petitioners had committed offences under Sections 420,409,323, 324,147, 504, 384 and 341 of the Indian Penal Code. It was alleged in the complaint petition that the complainant had deposited Rs.96, 000/- in the Post Office and regularly he...
SachIn Kumar Tulsiyan. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-06-2010
1. The sole petitioner, who is proprietor of M/S Sachin Hardware Stores, Loha Dukan , Mahavir Chowk, Saharsa, has approached this Court with a prayer to quash an order dated 13.05.2002 passed by the learned Chief Judicial Magistrate, Saharsa in Misc.Case No. 74 of 2002 . By the said order, the learned Chief Judicial Magistrate has taken cognizance under Section 22A of the Minimum Wages Act, 1948.2. Short fact of the case is that on 25.9.2001, an inspection was conducted by the Labour Superintendent-cum- Inspecting Officer, Minimum Wages Act and it was found that several provisions of the Minimum Wages Act were violated by the petitioner. Thereafter, a complaint was filed on 30.3.2002 alleging therein that the petitioner had committed an offence punishable under Section 22 A of the Minimum Wages Act. Since it was an official complaint, the learned Chief Judicial Magistrate by its order dated 13.5.2002 took cognizance of offence under Section 22A of the Minimum Wages Act.3. Aggrieved wit...
Manager Yadav. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Sep-06-2010
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of opposite parties.2. This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 02.02.2005 passed by learned 3rd Additional Sessions Judge, Siwan, in Criminal Revision No. 21 of 2004, refusing the prayer to set aside the order dated 17.05.2003 passed by Sri V.B. Gupta, learned Judicial Magistrate, 1st Class, Siwan, allowing the prayer of the accused persons that case under Section 307 is not made out but directing them to be present for framing of charge against them for other minor offences and trial.3. Admittedly, at the instance of the petitioner Maharajganj P.S. Case No. 116 of 2002 for offences under section 341, 323, 324, 307, 504/34 of the Indian Penal Code was instituted on 12.07.2002, wherein after investigation charge sheet was submitted and as it appears from order dated 17.05.2003 passed by Shri V.B. G...
Nand Kishore Prasad Singh. Vs. State of Bihar.
Court: Patna
Decided on: Sep-06-2010
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 18.12.2002 passed by the Chief Judicial Magistrate, Begusarai in Mansoorchak Non F.I.R. No.1 of 2002. By the said order, the learned Magistrate has taken cognizance of the offence under Sections 182 and 211 of the Indian Penal Code.2. Short fact of the case is that on the basis of written report submitted by the petitioner, an F.I.R. vide Mansoorchak P.S. Case No.106 of 2002 was registered on 7.9.2002 for the offence under Section 379 of the Indian Penal Code against three named accused persons. It was alleged in the F.I.R. that while the informant was returning by a Scooter, the three named accused persons intercepted the informant and they took forcibly Scooter as well as Rs.12,000/- from the pocket of the petitioner. In the first information report, the informant has also disclosed that the accused persons while for...
Gunanand Sah, and ors. Vs.State of Bihar, and anr.
Court: Patna
Decided on: Sep-06-2010
1. Four 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 14.09.2000 passed by the learned Chief Judicial Magistrate, Araria in Araria P.S. Case No.300 of 1998. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 447, 427,379/34 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 filed a written report before the Officer Incharge of Araria Police Station alleging therein that the petitioners have committed offence under Sections 447,427, 379 /34 of the Indian Penal Code. It was alleged in the written report that he was residing at Ranchi and when he returned back to Araria , he saw that the accused persons had unauthorizedly constructed a hut over the land of the informant. It was alleged that bricks were also removed from the land of the informant. The informant alleged that earlier also whenever he had...
Nageshwar Pratap NaraIn Singh. Vs. State of Bihar.
Court: Patna
Decided on: Sep-06-2010
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 26.11.2002 passed by Sri N.P.Singh, learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi in Trial No.858 of 2002. By the said order, the learned Magistrate has rejected the discharge petition filed on behalf of the petitioner.2. Short fact of the case is that on the date of Assembly Election two cars; one Maruti Van and another Santro Car were apprehended by the police and from both the vehicles six persons were arrested on the charge that from Maruti Van illegal arms and ammunitions were recovered and, as such, an F.I.R. vide Bathnaha P.S. Case No.9 of 2000 was registered under Sections 25(1-B) a, 26 and 35 of the Indian Penal Code. After investigating the case, police submitted chargesheet under the provisions of the Arms Act as well as under Section 134B of the Representation of People Act. Subsequently, orde...
Mahesh Prasad, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-06-2010
1. Heard learned counsel for the petitioner, learned counsel for the opposite parties and learned Additional Public Prosecutor for the State.2. Perused the records of C.W.J.C. No. 5543/2005 dismissed as in fructuous on 29.11.2007.3. The three applicants have preferred this application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 08.06.2005 passed by Shri Om Prakash Pandey, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 599(C)/2005 taking cognizance for offences under sections 147, 323 and 380 of the Indian Penal Code.4. As submitted from the Bar and also reveal from the records that dispute between the parties was related with tenancy of the particular premises for commercial purposes, during tenancy, some differences cropped up relating to payment of rent and eviction etc. giving rise to filing of C.W.J.C. No. 5543/2005 by the opposite party no.2 and simultaneously he filed present instant complaint before the court of Chief Judicia...
Jagdish Prasad Shukla, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-05-2010
1. Four 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 Sub Divisional Judicial Magistrate, Buxar in Brahmpur P.S. Case No.159 of 1999 arising out of G.R. No.1557 of 1999/T.R. No.1154 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 498A and 406 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Buxar, which was numbered as Complaint Case No.795(c) of 1999 on 14.12.1999/16.12.1999 against the petitioners on an allegation of commission of offences under Sections 498A, 307 and 406 of the Indian Penal code. It was alleged that opposite party no.2 was married with petitioner no.4 on 12.2.1996 at Brahmpur Chaurasta in the district of Buxar, Bihar as per Hindu rites. It was...
Ravindra Narayan ShrivastavA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Sep-03-2010
1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.2. Since both these applications arise out of one common order involved one common question so they have been heard together and being disposed of by this composite order.3. Admittedly one official complaint case no. 63/2005 was filed on 20.07.2005 in the court of Chief Judicial Magistrate, Bhojpur at Ara, by the then Registrar of Civil Court against the two retired employees of civil court who were in service at Ara civil court, being attached with the court of the office of 1st Additional District Judge, Ara.4. In the complaint case, it is averted that there was one Title Appeal No. 195/1966/30/2000 pending in the court of 1st Additional District Judge, Ara, arising out of Title Suit No. 102/1958/20/1960 was sent to the judgeship of Rohtas, but the Lower Court Records i.e. record of the suit was not sent, ultimately C.W.J.C. No. 5075/2003 was filed before this court accordingly a searc...
Mahesh ShuklA. Vs. State of Bihar.
Court: Patna
Decided on: Sep-03-2010
1. Today again, on call none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. On 1.9.2010 also, on call none had appeared on behalf of the petitioner and, as such, the case was adjourned for the day with an indication that no further adjournment shall be granted. While adjourning the case, it was noticed that in this case interim order of stay was continuing since 17.2.2003.2. It is a peculiar case , in which a prayer was made by the sole petitioner for quashing of an order dated 21.8.2002 passed by the learned 4th Addl.Sessions Judge, Hajipur, Vaishali in Raja Pakar P.S.Case No.35 of 1996 . By the said order, the prayer of the petitioner for remaining on previous bail was rejected. In this case earlier lower court record was called for. It appears that in the case an earlier F.I.R. was instituted under Sections 448,341,323,354 of the Indian Penal Code. While witnesses were being examined before the learned Magistrate, witnesses de...
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