Court : Patna
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...
Tag this Judgment!Court : Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32447 of 2009 ====================================================== Rajan Devi wife of Sri Ram Bihari Singh, resident of Village-Sona Gopalpur, P.S.-Gopalpur, District-Patna. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA18. 01-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application under Section 482 of Code of Criminal Procedure is to quash the order dated 09.03.2009, passed in Complaint Case No. 2069 (C) of 2002 by Sri Kanhaiya Ram, Judicial Magistrate, 1st Class, Patna, rejecting the application of the complainant-petitioner filed under section 311 of the Code of Criminal Procedure to get examined herself and also the order dated 22.05.2009, passed in Criminal Revision No. 264 of 2009 ...
Tag this Judgment!Court : Patna
M.Y. Eqbal, J.1. In this case a very interesting point of law is involved regarding right of a divorced wife to claim maintenance in a proceeding under Section 125 of the Code of Criminal Procedure.2. The petitioner in this case has challenged the order dated 18.8.1997 passed by the 3rd Addl. Sessions Judge, Darbhanga, in Criminal Revision No. 676 of 1993 whereby the learned Sessions Judge modified the order dated 27.8.1993 passed by the Judicial Magistrate, 1st Class, Darbhanga and allowed the petition of the petitioner so far as it relates to claim of maintenance for the children only.3. The facts relevant for the purpose of deciding this question are that the petitioner in the year 1990 filed a petition against her husband (opposite party No. 2) under Section 125 of the Code of Criminal Procedure (for short 'Cr. P.C) stating inter alia that she was married with the opposite party No. 2 in the year 1982 and gave birth to two children. It is stated that although she is legally marrie...
Tag this Judgment!Court : Patna
Ghanshyam Prasad, J.1. This application for revision under Section 397 Cr.P.C. has been filed for setting aside the order dated 5.1.2005 passed by Judicial Magistrate Ist Class, Danapur in Bikram P.S. Case No. 70 of 2001 thereby and thereunder the learned Judicial Magistrate has ordered for release of truck bearing No. BR-25G/8681 in favour of opposite party No. 2 Amrendra Kumar after rejecting the prayer of the petitioner for the same.2. In course of hearing, a preliminary objection was raised as to maintainability of this revision application as the petitioner has directly approached this Court ignoring the forum of Sessions court which was available to him to challenge the order in question. On the other hand, the learned Counsel for the petitioner submitted that in the matter of revision jurisdiction of High Court and Sessions Court is concurrent under Section 397 Cr.P.C. of 1973 and, therefore, it is the sole discretion of the aggrieved party to choose one of the forum as per his...
Tag this Judgment!Court : Patna
Naresh Kumar Sinha, J.1. Both the applications, Criminal Miscellaneous No. 4307 of 1992 and Criminal Miscellaneous No. 5025 of 1992, under Section 482 of the Code of Criminal Procedure seek quashing of the criminal prosecution of the petitioners including the order dated February 27, 1992, taking cognizance under Sections 276C and 277 of the Income-tax Act, 1961, in Complaint Case No. 50 of 1992 pending before the Special Court (Economic Offences), Muzaffarpur. Since a common question of law has been raised, the applications have been heard together and are being disposed of by this common judgment.2. Ashirvad Enterprises is a registered firm. The firm and its partners are the petitioners. A complaint was filed on February 27, 1992, by the Assistant Commissioner of Income-tax (O. P. No. 2), alleging that the petitioners had wilfully attempted to evade tax, interest or penalty chargeable or imposable under the Income-tax Act, (hereinafter the 'Act'), by deliberately concealing the accu...
Tag this Judgment!Court : Patna
1. Heard learned counsel for the petitioners, Additional Public Prosecutor for the State and learned counsel for the complainant. Perused supplementary affidavit filed on behalf of the petitioners.2. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 06.12.1999, learned Sub-Divisional Magistrate, Jehanabad in Case No. 1207 (M) of 1999 passing an order under Section 146 (i) of the Code of Criminal Procedure for attachment of the subject matter of the proceeding and order dated 09.12.2004 passed by 2nd Additional Session Judge, Jehanabad in Criminal Revision No. 40 of 2003 refusing to interfere in the above order.3. Admittedly, at the instance of opposite party no. 2, one proceeding bearing Case no. 1207 (M) of 1999 under Section 145 of the Code of Criminal Procedure was initiated with respect of piece of land having an area 5 dhurs 5 dhurkies under Plot No. 3926, Khata No. 797, bounded as North lane, South Md. Hassan Imam, East Bi...
Tag this Judgment!Court : Patna
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!Court : Patna
1. The sole petitioner, invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure has prayed for quashing of an order dated 30.9.2000 passed by the Judicial Magistrate, Ist Class, Bhagalpur in Complaint Case No. 454 of 2000. By the said order, learned Magistrate has taken cognizance of offence under Sections 63, 67 & 68 of the Copy Right Act, 1957 and Section 120B of the Indian Penal Code.2. Short fact of the case is that, the Opposite Party No. 2 filed a complaint in the court of learned Chief Judicial Magistrate, Bhagalpur vide Complaint Case No. 454 of 2000 making an allegation against the petitioner for commission of offence under Sections 120B, 419, 420, 467, 468, 469 & 471 of the Indian Penal Code and Sections 67 & 68 of the Copy Right Act. The complainant disclosed that she had registered herself for Ph.D. research in Bhagalpur University and her subject was "POLITICAL MOBILISATION AND CASTE- CONFLICT IN BIHAR SINCE 1967 TO 1980 - A SURVEY"...
Tag this Judgment!Court : Patna
I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 28.02.2013, passed, in Sessions Trial No. 195 of 2010, by learned 1st Additional Sessions Judge, Katihar, and the order, dated 06.03.2013, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted all the accused-appellants, except accused-appellant, Rajendra Mahaldar, under Section 302 read with Section 149 and also under Section 148 of the Indian Penal Code. The learned trial Court has convicted the accused-appellant, Rajendra Mahaldar, under Section 302 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants, except accused-appellant, Rajendra Mahaldar, have been sentenced to undergo imprisonment for life and pay fine of Rs. 500/- each and, in default of payment of fine, suffer rigorous imprisonment for one month. For their convictio...
Tag this Judgment!Court : Patna
I.A. Ansari, J. 1. Under challenge, in the present appeals, are the judgment, dated 13.01.2014, of conviction, in Sessions Trial No.242 of 1987, by learned Ad hoc Additional Sessions Judge II, Vaishali at Hajipur, and the order, dated 18.01.2014, whereby sentences have been passed against all the accused-appellants. 2. By the impugned judgment, the learned trial Court has convicted all the accused-appellants, except accused-appellant, Kameshwar Singh, namely, (i) Uday Kumar Singh @ Uday Singh, (ii) Ranjeet Choudhary, (iii) Ram Babu Singh, (iv) Sachitanand Singh @ Sachchidanand Singh, (v) Sanjay singh, (vi) Kapildeo Singh, (vii) Sunil Kumar Singh, and (viii) Surendra Singh, under Sections 302 read with Section 149 of the Indian Penal Code. Following their conviction under Section 302 read with Section 149 of the Indian Penal Code, the accused-appellants, namely, (i) Uday Kumar Singh @ Uday Singh, (ii) Ranjeet Choudhary, (iii) Ram Babu Singh, (iv) Sachitanand Singh @ Sachchidanand Singh,...
Tag this Judgment!