Patna Court January 2011 Judgments
Jawahar Lal. Vs. State of Bihar.
Court: Patna
Decided on: Jan-31-2011
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 proceeding in Rajgir P.S. Case No.17 of 1999 and also for quashing of an order dated 29.9.1999 passed by the learned Special Judge, E.C.Act, Nalanda, whereby the learned Special Judge has rejected the petition for discharge filed on behalf of the petitioner.2. Short fact of the case is that the Sub Divisional Officer, Rajgir vide Memo No.1014 dated 2.12.1998 directed the Block Development Officer, Circle Officer as well as the Supply Inspector , Rajgir , for conducting physical verification in the Godown of M/S Bharti Indane Gas Agency. Thereafter, on the same day i.e. in the evening of 2.12.1998 the raiding party with the police force went to the office of M/S Bharti Indane Gas Agency as well as its Godown and sealed both the premises. Again on the next date, after removing the seal put over the office and Godown , a...
Tag this Judgment!Mohan Prasad Singh. Vs. State of Bihar.
Court: Patna
Decided on: Jan-31-2011
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 26.4.2002 passed in Complaint Case No. 448 of 2002, whereby the learned Judicial Magistrate, 2nd Class, Hajipur , Vaishali has taken cognizance of offences under Sections 323,379 and 504 of the Indian Penal Code and directed for summoning the accused persons. Petitioners have also prayed for quashing of the order dated 10.5.2002, whereby the order dated 26.4.2002 was modified to the extent of summoning all the five accused persons.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Hajipur , Vaishali vide Complaint Case No.448 of 2002 against all the petitioners that on 26.1.2002 at about 5.00 P.M. he noticed that accused persons were cutting his Shisham tree, which was lying on his Plot No.777, Khata No.101/102. On objection being raised by the complainan...
Tag this Judgment!Krishna Kumar Sharma, and ors. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Jan-31-2011
1. Three petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 23.10.2002/22.10.2002, passed by the Judicial Magistrate, Ist Class, Darbhanga in C.R. No.772 of 1998/Tr. No.2564 of 2002, whereby learned Magistrate has taken cognizance of the offence under Sections 147, 453 and 380 of the Indian Penal Code against the petitioners and opposite party nos.3 to 6. The petitioners have further prayed to quash an order dated 5.8.2003 passed by learned Sessions Judge, Darbhanga, whereby revision preferred by the petitioners against the order of cognizance was rejected and also petitioners have prayed to quash entire criminal proceeding arising out of C.R. No.772 of 1998/Tr. No.2564 of 2002.2. Short fact of the case is that opposite party no.2 filed a complaint case in the court of Chief Judicial Magistrate, Darbhanga, which was numbered as Complaint Case No.772 of 1998, against seven named a...
Tag this Judgment!Ram Singhashan Bachhi Sanjeev. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-31-2011
1. Five petitioners , while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding in Complaint Case No.755 ( C) of 2003 including the order dated 31.5.2003, whereby Sri Manoj Kumar Singh, learned Judicial Magistrate, 1st Class, Patna has taken cognizance of offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act ( hereinafter referred to as the "N.I.Act") in Complaint Case No.755 ( C) of 2003.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Patna vide Complaint Case No.755 (C) of 2003 alleging therein that the petitioner had committed offences under Sections 406,420, 120B of the Indian Penal Code and Section 138 of the N.I.Act. It was disclosed by the complainant that he had announced for sale of his land situated in East Champaran. Thereafter, accused persons approached the co...
Tag this Judgment!Dineshwar Kumar, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-31-2011
1. Two aforesaid petitioners, who are police official, have 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 25.2.1999 passed by the Sub Divisional Judicial Magistrate, Gopalganj in Complaint Case No.1878 of 1998, whereby the learned Magistrate took cognizance of offence under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act and directed for summoning all the accused persons including petitioners.2. Short fact of the case is that on 29.10.1998, a complaint was filed by opposite party no.2 in the court of Chief Judicial Magistrate, Gopalganj vide Complaint Case No.1878 of 1998 arraying the petitioner no.2 as Accused No.1, one Home Guard Jawan and 18 other Daroga and Constables for an occurrence, which had taken place on the same day i.e. 29.10.1998 at about 7.30 A.M.(morning). The complaint was filed on allegation of committing offence unde...
Tag this Judgment!Ajay Pratap Singh. Vs. State of Bihar.
Court: Patna
Decided on: Jan-31-2011
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 09.03.1999 passed by Sri Arvind Kumar Srivastava, Judicial Magistrate, Ist Class, Patna in G.R.No. 4076 of 1984, Tr.No. 49 of 1988 arising out of Kotwali P.S.Case No. 1108 of 1984 whereby the petitioner's petition for discharge was rejected.2. Short fact of the case is that on the basis of written application submitted by one Jamuna Singh, the District Agriculture Officer, Patna to the Officer Incharge of Pataliputra Police Station, a first information report vide Kotwali (S.K.Puri) P.S. Case No.1108 of 1984 was registered for the offences under sections 409, 420, 468 and 471 of the Indian Penal Code against four accused persons. It was disclosed by the informant that on the order of Agriculture Production Commissioner, Joint Director of Plant Protection, Bihar, Patna, Shri C.S.Rai, the informant did physical verificat...
Tag this Judgment!Md. Anish. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-31-2011
1. The 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 12.09.2002 passed by Sub.Divisional Magistrate, West Sub Division, Muzaffarpur in Case No. P-304 of 2002, whereby the prayer of the petitioner for payment to him Rs. 58,401/-, i.e. price of the mangoes sold in auction by order of the learned Sub.Divisional Magistrate and deposited, thereafter, in Nazarat, was rejected.2. Short fact of the case is that on the basis of a petition filed by one Saukhi Lal Sah, who was earlier opposite party no. 2, father of substituted opposite party no. 2(a) to 2(d), on apprehension that there were possibility of breach of peace due to the reason that petitioner and his men were adamant to pluck mangoes from the orchard standing in Khesra No. 749 measuring 3.7 and 1/2 decimals which was claimed to be the land of Madarsa Razakiya Nishwa, a proceeding under section 144 of the Cr.P.C. was initiat...
Tag this Judgment!Partho Mukherjee, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-31-2011
1. Both the aforesaid petitions arise out of same impugned order and, as such, both the petitions were heard together and are being disposed of by the common Judgment.2. Both the aforesaid petitions were filed under Section 482 of the Code of Criminal Procedure with a prayer to quash of an order dated 14.2.2002 passed by the learned Judicial Magistrate,1st Class ,Patna in Complaint Case No. 21( C) of 2002. By the said order, the learned Magistrate has taken cognizance of offences under Sections 420,409 and 120B of the Indian Penal Code against seven accused persons, which include the petitioners in both the cases.3. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate,Patna vide Complaint Case No.21 ( C) of 2002 on allegation against the petitioners and other accused persons for commission of offences under Sections 406,409,420 & 120B of the Indian Penal Code . It was disclosed by the complainant that earlier he was appointed...
Tag this Judgment!ideal Financing Corporation Ltd. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-31-2011
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 17.9.1998 passed by one Shri Shiv Shankar Jha, Judicial Magistrate, purnea in Complaint Case No.361 of 1997/TR No.1371 of 1998. By the said order, learned Magistrate has taken cognizance of offence under Sections 384 and 420 of the Indian Penal Code.2. The complainant, who was a Hire Purchaser, filed a complaint in the court of Chief Judicial Magistrate, Purnea vide Complaint Case No.361 of 1997 arraying all the petitioners as accused on accusation of commission of offences under sections 420, 418 read with Section 34 of the Indian Penal Code. It was disclosed in the complaint petition that he had approached the Accused No.1 i.e. Financial Company for getting a bus financed. According to the complainant, the negotiation was initiated through Accused No.5 and thereafter, the Company including Accused Nos.2 to 4 agreed to ...
Tag this Judgment!Md. MustafA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-31-2011
1. The 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 17.5.2003 passed by the Sub Divisional judicial Magistrate, Motihari in O.C. No.29 of 2003, whereby the learned Magistrate has taken cognizance of offence under Sections 41, 42, 52 and 5, 8, 13 and 14 of the Indian Forest Act and summoned the petitioner to face trial.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, on printed performa, stating therein that on 7.5.2003, he seized one bond saw (sealed), one trolley and 11 Shisam logs, from the petitioner's Saw Mill. Enclosing the seizure list, report was filed in the court of Chief Judicial Magistrate. Since it was an official complaint, the learned Sub Divisional Judicial Magistrate, by the impugned order, took cognizance of the offences and summoned the petitioner.3. After the order of cognizance, the petitio...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »