Court : Patna
1. Petitioner who along with others, has been made an accused of Patna Harijan P.S. Case No.23 of 1998 registered under Sections 419, 420, 465, 467, 468, 471, 474/120B IPC and 3(1)(i)(iv)/3(2)(vii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has asked for quashing of the aforesaid FIR relating to his interest. 2. Opposite Party No.2, Ramesh Kumar Singh, Inspector of Police-cum-Officer-in-charge, Harijan Police Station, Patna has recorded his own fardbeyan on account of divulgences of fact that after getting forged and fabricated caste certificate of Scheduled Caste / Tribe the accused named therein including the petitioner got themselves admitted under quota so prescribed therefor at different medical colleges. 3. It has been contended on behalf of petitioner that arraying him as an accused in the present FIR is bad and contrary to spirit of the law because of the fact that the same happens to be hit by double jeopardy and is violative of Article 20(2) o...
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I.A. Ansari, J 1. Under challenge, in the present appeals, is the judgment, dated 27.11.2013, of conviction, in Sessions Trial No. 422 of 2003/21 of 2012, by the learned Ad hoc Additional Sessions Judge V, Gaya, and the order, dated 30.11.2013, 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, Deo Nandan Noniya, under Section 302 read with Section 149 of the Indian Penal Code. The learned trial Court has convicted the accused-appellant, Deo Nandan Noniya, under Section 302 of the Indian Penal Code. For their conviction, under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants, except Deo Nandan Noniya, have been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- each and, in default of payment of fine, suffer simple imprisonment for two months. For his conviction under Section 302 of the Ind...
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1. Heard Mr. J.S. Arora, the learned counsel appearing on behalf of the defendant-appellants and Mr. A.B. Ojha, the learned counsel appearing on behalf of the plaintiff-respondents. 2. This second appeal has been filed assailing the judgment and decree passed by the appellate court below affirming the decree in the suit in favour of the plaintiff-respondents. 3. The plaintiffs instituted the T.S. No. 56 of 1994 praying for the relief of declaration of their title over the suit land described in schedule-Ka of the plaint and further for confirmation of their possession over the same and in alternative for recovery of possession if dispossessed during the pendency of the suit. Later on, by amendment in the plaint, the plaintiffs added the fact of their dispossession from the suit land by the defendants during the pendency of the suit. The consequential relief of permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiffs over the suit land ha...
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1. The appellants have preferred this appeal against the judgment dated 26.5.2009 passed in M.A.C. no. 4 of 2009/2 of 2008 by the Additional District Judge cum Motor Accident Claim Tribunal, Jehanabad, whereby the claim for compensation under the Motor Vehicles Act has been dismissed. 2. The brief fact of the case is that on 29.6.2004 at about 10 P.M. the deceased Sunil Kumar along with other villagers went near the vehicle in question ( Mahindra Commandar Jeep ) bearing registration no. BR-25-2274 to rescue the same as it got fire due to terrorists attack and during the course of extinguishing fire the oil tanki of the vehile burst out as a result of which the deceased Sunil Kumar and others got burn injury. The deceased was immediately taken to Jehanabad Sadar Hospital and thereafter he was referred to Appolo Burns Hospital, Patna, where he died during the course of treatment. 3. Learned counsel for the appellants submits that admittedly the deceased got burn injury out of the fire c...
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R.K. Datta, J. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners seek quashing of the order dated 16.12.1991 passed by the respondent Collector, Purnea in Misc. Ceiling Case Nos. 141/1984-85 and 140/1984-85, by which he has cancelled the settlement of 14 decimals of land with respect to petitioner Nos. 1, 2 and 3, and 47 decimals of land with respect to petitioner No.4 and further for quashing the proceedings initiated under the Public Land Encroachment Act in Case No.5/1991-92 consequential upon the order of the Collector. The petitioner Nos. 1, 2 and 3 purchased the Nagadi Sikmi rights of lands by registered sale deed dated 16.6.1965 from Sri Chirangi Lal Kedia and Sri Jagdish Prasad Kedia, both residents of village Jalalgarh, bearing Khesra No.632/2931, area 13 decimals situated in Mouza Jalalgarh, Thana No.189 within Touzi No. 8/5 recorded in Haal Survey in Khata No.326. as per Schedule-B of the sale deed; in Schedule-C of the same sale de...
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Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed the writ application challenging the order dated 12.06.1997, by which the petitioner was dismissed from service and the proceeding for recovery of Rs.80,000/- was directed to continue as also the earlier order dated 23.11.1996, by which a direction was issued to the District Magistrate and the Superintendent of Police to initiate a proceeding under Public Demand Recovery Act for realization of a sum of Rs.80,000/- with 18% interest given to the petitioner for his advanced training in the University of Alabama at Birmingham in the United States of America in Echo Cardiography, a speciality in Cardiology. The facts of the case are practically not in dispute. The petitioner was given an amount of Rs.80,000/- to meet part of his expenses for pursuing higher study as mentioned above and was also granted leave for the same. The said course of study was for a period of six months. The petition...
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Anjana Prakash, J. 1. The Appellants of Cr. Appeal 437 of 2013 and 518 of 2013 have been convicted u/s 302 IPC and sentenced to death and also under Section 394 IPC and 27 of the Arms Act and sentenced to ten years and two years respectively with a fine of Rs.5,000/- . Death Reference is in regard to the same Appellants. Criminal Appeal No. 379 of 2013 and Government Appeal 19 of 2013 have been preferred by the Informant against the acquittal of initial accused Kamlesh Jha. The said Judgment was delivered by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial 441 of 2011 on 9th April, 2013. 2. The Fard-byan of Ram Pukar Rai, P.W-3 recorded at 8.20 P.M. at the place of occurrence, i.e. Soni Fuel Petrol Pump at Nehra, P.S. Manigachhi, Distt. Darbhanga, on 27.7.2011, is that on the date of occurrence, around 6.30 to 6.45 P.M. when he was checking the Diesel on the Tanker the nephew of the owner Jai Ram Choudhary i.e. Ashwani Kr. Chaudhary (deceased) and Daya Shankar Roy (decea...
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1. Sole appellant Chandrika Kurmi has been found guilty for an offence punishable under Sections 20(c ), 22(c ) of the N.D.P.S. Act vide judgment dated 04.08.2009 and has been sentenced to undergo rigorous imprisonment for ten years as well as also fined Rs. One lac in default thereof, to undergo simple imprisonment for three years additionally, independently under both counts vide order dated 17.08.2009 by the Additional Sessions Judge-III-Cum-Special Judge, West Champaran, Bettiah in Shikarpur P. S. Case no.205 of 2002, Trial no.36 of 2002, G. R. No.2662 of 2002 has challenged the same under present appeal. 2. Manchun Prasad Singh (PW-10) filed written report disclosing therein that on 22.09.2002 at about 4.00 p.m., he received confidential information regarding assemblage of persons in the field at Sisai village for the purpose of sale-purchase of Ganja illegally, a raiding party was constituted and raid was conducted. As soon as, they had reached near school at village-Sisai, they ...
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1. Petitioner has asked for the following relief:- œThat this petition is directed for issuance of a writ in the nature of certiorari for quashing Complaint Case No. 1134 (C) 2001 and the Cognizance dated 31.07.2001 taken under Section 406/120B IPC against the respondent and other two persons named in the Complaint petition who are foreign Citizens.? 2. In spite of notice, private respondents did not chose to appear nor learned State counsel made his appearance on the date of hearing, as a result of which only the petitioner has been heard. 3. Complaint Petition No. 1134(C)/2001 was filed by Front Line Industry Private Limited through its Director (Respondent No.2) against M/S Water Guard Cable Products Private Limited, MS Saxena, Administrative Officer as well as Director of Water Guard Cable Products Private Limited, Mathew M. Freeman, President and Chief, Water Guard Cable Products Private Limited, Mr. Leon Varkaraayenburg President, Water Guard Cable Products Private Limited ...
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1. Three accused persons, i.e., the two appellants, spouses between themselves and their son Parmod Mehta, were put on trial by the learned 4th Additional Sessions Judge, Aurangabad after being charged with committing offences under Sections 304B and 302/34 of the Indian Penal Code. By judgment dated 18th March 1997, they were held guilty of committing the offence only under Section 304B of the Indian Penal Code. They were heard on sentence on 19.3.1997 and each of them was directed to suffer rigorous imprisonment for seven years. While the two appellants Nathuni Mehta and his wife Fulwa Devi preferred this appeal jointly, their son Promod Mehta separately preferred Criminal Appeal (SJ) No. 129 of 1997, but it appears that while he was languishing in prison he died there and his appeal stood abated on that account as may appear from the order of the Court passed on 22.4.2014. 2. Some of the undisputed facts were that the deceased Sitawa Devi was married to Pramod Mehta sometimes in the...
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