Patna Court January 2011 Judgments
Parmeshwar 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 22.4.1999 passed by Sri Arvind Kumar Srivastava, Judicial Magistrate, 1st Class, Patna in Kotwali (S.K.Puri) P.S. Case No.1108 of 1984, whereby the learned Magistrate has rejected the petition for discharge filed on behalf of the petitioner.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!Tribhuwan Roy. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Jan-28-2011
1. Petitioner has filed this writ application for quashing of the office order of the State Transport Commissioner, contained in memo no. 571 dated 15.02.2010 (Annexure-19), by which a charge-sheet has been issued against him in respect of a departmental proceeding already pending against him on the basis of an earlier charge-sheet issued in the year 2003. He has also prayed for quashing of the entire departmental proceeding, on the ground that he had already been exonerated of the charges of punishment, and for a direction for reinstated in service. The case of the petitioner is that, while he was posted as Enforcement Sub-Inspector under the Department of Transport, a raid was conducted by a team of Income Tax authorities at his residence on 30.03.2001. At the time of raid his wife was present in the house in whose presence the house was searched, seizure was made, bank account and locker in the name of petitioner and his wife was also seized and a proceeding for escaped assessment w...
Tag this Judgment!Baidhya Nath Chaudhary. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-27-2011
1. The petitioner , who is husband of Opp.Party no.2 , has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 22.3.1997 passed in Maintenance Case No.8 of 1996 , whereby learned Sub Divisional Judicial Magistrate, (West) Muzaffarpur has allowed the petition filed on behalf of Opp.Party no.2 and directed the petitioner to pay maintenance allowance to Opp.Party no.2, failing which coercive steps would be taken for realization of due amount of maintenance allowance . The petitioner has further prayed for quashing of order dated 11.9.1998 passed in Cr. Revision No.106 of 1997 by learned 1st Addl. Sessions Judge, Muzaffarpur, whereby the revision preferred by the petitioner was rejected.2. In the petition filed by the petitioner, fact of the case has not been stated in detail; rather in cryptic manner certain facts were stated. However, after going through the impugned orders, actual fact ...
Tag this Judgment!Rajendra Rai, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Jan-27-2011
1. The petitioners, through this writ application under Article 226 & 227 of the Constitution of India, have approached this court for quashing the First Information Report, which led to the registering of Miao P.S. Case No. 40 of 2006 in the district of Changlang within the State of Arunachal Pradesh, for the alleged offences under sections 498A, 506/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. The alternative prayer is for direction to the State of Arunachal Pradesh for transferring the investigation of the above case to the State of Bihar for being investigated by the competent officer of the police station under whose jurisdiction the alleged offences were committed.2. The case of the petitioners, in short, is that admittedly no cause of action has taken place in the State of Arunachal Pradesh where the aforesaid case has been registered against the petitioners as no allegations have been attributed against the petitioner constituting the aforesaid o...
Tag this Judgment!Gunjan SinhA. Vs. State of Bihar.
Court: Patna
Decided on: Jan-24-2011
1. The petitioner, who is a doctor and was running a Clinic at Amba in the district of Aurangabad, has approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 26.6.2003 passed by the learned Chief Judicial Magistrate, Aurangabad in G.R. No.1387 of 2002 (arising out of Kutumba ( Amba) P.S. Case No.71 of 2002). By the said order, learned Chief Judicial Magistrate has taken cognizance of offence under Section 304 of the Indian Penal Code.2. Short fact of the case is that on 23.7.2002, Opp.Party no.2 filed a written application addressed to the Officer Incharge of Amba Police Station disclosing therein that on 22.7.2002 at about 9.00 P.M. (night), he brought his pregnant wife for the purpose of delivery to the clinic of the petitioner. It was disclosed that the petitioner at the relevant time was posted in Primary Health Centre, Kajpa. The petitioner told the informant that he will get the del...
Tag this Judgment!S. Sundaram. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-24-2011
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 23.1.2002 passed by Shri D.N. Pandey, Judicial Magistrate, and Patna in Complaint Case No.102(C) of 2001 and has also prayed for quashing of entire criminal proceeding in the said case. By order dated 23.1.2002, learned Magistrate has taken cognizance of offence under Section 420 of the Indian Penal Code and summoned the accused persons including the petitioner.2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Patna vide Complaint Case No.102(C) of 2001 arraying Director, M/S Synergy Financial Exchange Ltd. and the Chief Manager, Debenture Trustee, Central Bank of India, Mumbai. It was disclosed by the complainant that he had invested in debentures of Synergy Financial Exchange Ltd. for total amount of Rs.51,000/-, which was paid by Bank Drafts. The deben...
Tag this Judgment!Chhotan Prasad, and ors. Vs.
Court: Patna
Decided on: Jan-24-2011
1. 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 12.8.1999 passed in Trial No.189 of 1999, G.R. No.109 of 1991 (arising out of Ekangarsarai P.S. Case No.30 of 1991). By the said order, learned Magistrate, while allowing the discharge petition of two accused persons, who were earlier summoned, has found that a prima facie case under Section 302/34 of the Indian Penal Code was made out against all the petitioner and directed for issuance of non bailable warrant of arrest against the petitioners.2. Short fact of the case is that on 1.2.1991, on the basis of written report, submitted by one Binod Kumar Singh, an F.I.R. vide Ekangarsarai P.S. Case No.30 of 1991 was registered under Section 302/34 of the Indian Penal Code against ten un-known accused persons. However, the informant had suspected the involvement of ten accused persons including seven petitioners. It was disc...
Tag this Judgment!The Chairman, Bank of India, and anr. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Jan-24-2011
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 18.11.2000 passed by Judicial Magistrate, Ist Class, Patna in Complaint Case No.1140(c) of 2000 and also subsequent orders whereby processes were directed to be issued for securing attendance of accused persons including both the petitioners.2. Short fact of the case is that the opposite party no.2 filed a complaint in the court of Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No.1140(c) of 2000 arraying the petitioners and other two as accused for commission of offence under Sections 420, 406, 409 and 120B of the Indian Penal Code. It was disclosed in the complaint petition that M/S Asian Alloys Ltd. (Accused No.1) had floated secured redeemable debentures highlighting attractive interest and other lucrative offers in the year 1997 in the brochure issued by the Company. The Bank of India was show...
Tag this Judgment!Ganga Darshan Ram. Vs. Sudhakar Rai, and ors.
Court: Patna
Decided on: Jan-24-2011
1. This miscellaneous appeal is directed against the order dated 24.07.2001 passed by First Additional District Judge, Buxar in Title Appeal No. 210 of 1967 by which the appeal has been dismissed holding that the appeal has abated as a whole due to non substitution of the legal heirs of some of the respondents.2. From perusal of the records it appears that a Title Suit No. 64 of 1963 was filed by the plaintiffs for ejectment and recovery of possession of the suit land on the ground of default for nonpayment of arrears of rent.3. The case of the plaintiff is that a house standing on the plot no. 3996 area 7 decimal was the property of one Raghunandan Ram. The said Raghunandan Ram let out the property on a rent @ Rs.2/- per month, the suit property to defendant no. 1 as Karta of the family and the defendant nos. 2 and 3 were the full brothers of defendant no. 1, all sons of Koleshwar Prasad. Later, the suit property was sold by a registered sale deed dated 09.12.1958 to the plaintiff. Th...
Tag this Judgment!Binod Prasad Singh, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Jan-24-2011
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 13.9.2002 passed by the learned Sub Divisional Judicial Magistrate, Danapur, Patna in Complaint Case No.461(C) of 2002. By the said order, learned Magistrate has taken cognizance of offence under Sections 323, 342, 365 and 506 of the Indian Penal Code. 2. Short fact of the case is that opposite party no.2 filed a complaint in the court of Sub Divisional Judicial Magistrate, Danapur, which was numbered as Complaint Case No.461(C) of 2002 against all the four petitioners and others on an allegation of commission of offence under Sections 323, 342, 506 and 364 of the Indian Penal Code. It was disclosed in the complaint petitin that one Rameshwar Prasad Singh, grand father-in-law (Dadia Sasur) of the complainant had purchased a house over a plot appertaining to Plot No.261, Khata No.50 on his own earning and on his own volit...
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