Patna Court January 2011 Judgments
K.V.Krishnamurthy. 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 6.1.2003 passed by Shri B.D. Rai, Judicial Magistrate, Ist Class, Patna in Complaint Case No.2335(C) of 2002. By the said order, learned Magistrate has taken cognizance of offence under Sections 409, 420 and 120B of the Indian Penal Code and directed for summoning 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.2335(C) of 2002 arraying the petitioner and other five persons as accused for commission of offences under Sections 409, 420 and 120B of the Indian Penal Code. It was alleged by the complainant that Accused No.1 i.e. M/S Mafatlal Finance Company Ltd., Mumbai published an application form for attracting the public under its fully secured Bonds scheme as well as Fixed Deposit...
Tag this Judgment!Sheo Pujan Rai. Vs. State of Bihar.
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 release of his gun and also to quash/set aside the order dated 5.9.2002 passed in Rajpur P.S. Case No.63 of 2001 by the learned Chief Judicial Magistrate, Buxar, whereby the learned Magistrate had rejected the petition filed by the petitioner for dropping the proceeding against the petitioner and for proceeding against the complainant and others and learned Magistrate took cognizance of the offence under sections 307/351/34 of the Indian Penal Code and 25(1-B), 26 and 27 of the Arms Act against the petitioner and one another.2. Short fact of the case is that on 31.7.2001, while Officer Incharge of Rajpur Police Station along with armed forces had gone to Rajpur in connection with investigation with Rajpur P.S. case No.59 of 2001 for the offence under Section 302/34 of the Indian Penal Code, he received a secret information that some members of t...
Tag this Judgment!The State of Bihar. Vs. Bibi Jamila Khatoon, and anr.
Court: Patna
Decided on: Jan-21-2011
(1) The State of Bihar has filed this First Appeal against the judgment and award dated 24.05.1993 passed by Land Acquisition Judge, Md. Reyasat Hussain, Sub Judge III, Sasaram in Land Acquisition Case No.7 of 1985/99 of 1989.(2) The lands of the claimants-respondents measuring 991/2 decimals were acquired in Land Acquisition Case No.26 of 1981-82. The Collector made an award of Rs.42,909.37. The claimants-respondents thereafter filed application under Section 18 of the Land Acquisition Act alleging that the lands which were acquired, were cultivable and fertile lands and at the time of acquisition, the market rate of the land was Rs.5,000 per katha and therefore, the value of the acquired land was about Rs.1,57,000. It is further alleged that the claimants had also houses on Plot No.175, Khata No.1070 and 1073. It is also stated that three crops per year were being cultivated in those lands. The said application under Section 18 of the Land Acquisition Act was referred to the Land Acq...
Tag this Judgment!Rakesh Kumar MalhotrA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-14-2011
1. Learned Counsel for the petitioner appearing in Criminal Misc. No. 38457 of 2007 is permitted to correct the complaint case number in paragraph 1 and prayer portion of the application.2. Criminal Misc. No. 38457 of 2007 has been filed for quashing the order dated 04.12.2006 passed in Complaint Case No. 2221 (C) of 2006 by which the Sub Divisional Judicial Magistrate, Patna has taken cognizance for the offence under Section 420 of the Indian Penal Code.3. Sujeet Kumar Singh has filed a complaint against the petitioner alleging therein that he has not been handed over the possession of the flat purchased by the Opposite Party No. 2, despite the fact that Opposite Party No. 2 had paid the entire consideration amount. The said flat is in a multi-storied building and there was an agreement for the sale of the flat along with the parking slot. During the pendency of this case, this Court intervened and got the flat measured and also got the parties to settle the dispute. Counsel for the p...
Tag this Judgment!State of Bihar. Vs. Rameshwar Prasad.
Court: Patna
Decided on: Jan-13-2011
(1) The State of Bihar has filed First Appeal No.190 of 2005 against the judgment and award dated 17th February, 2005 in L.A. Case No.45 of 1985/22 of 1991, First Appeal No.193 of 2005 against the judgment and award dated 14.02.2005 passed in L.A. Case No.350 of 1984/50 of 1991, First Appeal No.194 of 2005 and First Appeal No.195 of 2005 against the judgment and award dated 21.03.2005 passed in L.A. Case No.24 of 1985/44 of 1991 and L.A. Case No.36 of 1985/14 of 1991 respectively, all passed by the learned 4th Additional District Judge, Nawada.(2) Since in all the above four First Appeals, the lands have been acquired by the State of Bihar by same notification and for the same purpose and the points involved in all the First Appeals are same. It appears that judgments are also on the same line. The evidences adduced by the parties in all the four First Appeals are also same. In all the four First Appeals, the houses of the respondents have been acquired. Considering the above facts tha...
Tag this Judgment!Birendra Kumar Modi. Vs. State of Bihar.
Court: Patna
Decided on: Jan-13-2011
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 2.12.1998 passed by learned Chief Judicial Magistrate, Jamui in Chandramandih P.S. Case No.81 of 1998, whereby the learned Chief Judicial Magistrate has rejected the petition filed by the petitioner under Section 13(2) of the prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act"), whereby he had prayed for directing the local authority to supply the analysis report and for forwarding the sample for re-testing by the Director, Central Food Laboratory.2. Short fact of the case is that on the basis of a written report, an F.I.R. vides Chandramandih P.S. Case No.81 of 1998 was instituted for offence under Section 16(1) and 10(a) of the Prevention of Food Adulteration Act, 1954 against the petitioner. Some sample of mustard oil was collected from the business premises of the petitioner and was sent...
Tag this Judgment!Satrughan SahA. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-13-2011
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 15.2.1999 passed by Special Judge, Banka in Amarpur P.S. Case No.2 of 1998. By the said order, learned Special Judge has taken cognizance of offence under Section 7 of the Essential Commodities Act against accused persons including the petitioner.2. Short fact of the case is that on 4.1.1998, the Block Development Officer, Amarpur jointly with Officer-in-Charge, Amarpur Police Station intercepted a truck loaded with 110 bags of Tisi (Edible Oil Seed). On weighment, it was found that the Tisi was 110.10 quintal. On demand, certain papers were produced by the driver and it transpired that papers were issued by one Abinash Bhandar in favour of R.K. Industries, Calcutta. The Block Development Officer suspected the documents as forged and thereafter, came to the conclusion that owner of Abinash Bhandar in collusion with tra...
Tag this Judgment!Nirmaladevi, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-13-2011
1. Eight 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 5.5.1999 passed by the learned Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (T) P.S. Case No.454 of 1998, G.R.No.1436 of 1998/ Tr.No.1065 of 1999, whereby after submission of the charge sheet, the learned Chief Judicial Magistrate has taken cognizance of offence under Sections 406 and 420 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 had initially filed a complaint in the court of learned Chief Judicial Magistrate, Sasaram , Rohtas , which was numbered as Complaint Case No. 21 of 1998 against all the petitioners and Manrajo Devi . After filing of the complaint, it was sent to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure and, accordingly, an F.I.R. vide Sasaram (T) P.S. Case No. 454 of 1998 was registered on 10.9.1998 for t...
Tag this Judgment!Sitaram Gond. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Jan-13-2011
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 27.7.1998 passed by the learned Addl.Sessions Judge IV, Gopalganj in Cr.Revision No.127 of 1998/49 of 1998 . By the said order, the learned Addl.Sessions Judge has quashed the order dated 11.3.1998 passed by Sri R.K.Yadav, Judicial Magistrate, Gopalganj in Complaint Case No.228 of 1998, Tr.No.729 of 1998. By order dated 11.3.1998 , the learned Judicial Magistrate had rejected the complaint petition under Section 203 of the Code of Criminal Procedure keeping in view the fact that the learned Magistrate was of the opinion that the dispute was purely civil in nature.2. Short fact of the case is that Opp.Party no.2 had filed a complaint in the court of learned Chief Judicial Magistate, Gopalganj , which was numbered as Complaint Case No.228 of 1998, alleging therein that the petitioner,his brother and two other accused ha...
Tag this Judgment!Praduman Sao. Vs. State of Bihar.
Court: Patna
Decided on: Jan-13-2011
1. Two petitioners, who are accused in Aurangabad (T) P.S. Case No.382 of 1996 (G.R. No.11 of 1996), have prayed for quashing of an order dated 7.2.1997 passed by learned Special Judge, Aurangabad in Aurangabad (T) P.S. Case No.382 of 1996, whereby the learned Special Judge, Aurangabad has taken cognizance of the offence under Section 7 of the Essential Commodities Act (hereinafter referred to as the "E.C. Act").2. Short fact of the case is that on 19.10.1996 on secret information, a raid was conducted in the house of petitioner no.1 and from the house of petitioner no.1 about 45 Quintals of Tishi was recovered. On demand, as per the F.I.R., no paper was produced by the petitioners. However, on enquiry, petitioner no.1 informed the police that the said articles were of Nand Kishore Prasad (petitioner no.2). On account of non-production of any paper 50 bags of Tishi, weighing 45 Quintals were seized by the Supply Inspector, Aurangabad and handed over on the Jimenama (custody) to one Amr...
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