#Legal Report Archives - Page 3 of 6

30 Nov

Authorities Directed To Resolve The Grievance Regarding The Bid: Patna High Court

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Citation: CWJC No.5556 of 2023

Decided On: 01-11-2023

Coram: Honourable Mr. Justice P. B. Bajanthri And Honourable Mr. Justice Arun Kumar Jha

Introduction:

In the instant writ petition the petitioner has prayed for the following reliefs:-

To issue a writ in the nature of writ of certiorari to quash and cancel the result of the bid held on 10.03.2023 at 11:00 A.M. 11.50 A.M. (Annexure-3) for settlement of parking stand of scootere/motorcycle, car/other four wheelers, auto (vikaram), auto (bajaj) at south side karbigahiya of Patna Junction Railway Station for 3 years in favour of M/s Maruti Foundation.
To quash and cancel all other action or actions, order or orders agreement if any executed in favour of Respondent in continuation or in relation to the aforementioned settlement being arbitrary, illegal, malafide and violative of Article 14 of the Constitution of India.

Facts:

Petitioner and eight respondents alongwith others participated in bid for settlement of parking stand of Scooter/Motorcycle, Car/other four wheelers, auto (Vikaram), auto (Bajaj) at south side Karbigahiya of Patna Junction Railway Station for a period of three years.

Learned counsel for the petitioner submitted that there is an arbitrary decisions on behalf of the respondents in so far as the acceptance of bid with reference to the timing on 10.03.2023. Prima facie, it is too technical and the same cannot be adjudicated under Article 226. The concerned authority/competent authority has failed to take any decision either accepting or rejecting the petitioner’s claim.

Court’s Analysis and Judgement:

It is also submitted that in not awarding contract to the petitioner with reference to his bid, the respondent railway authorities have already put themselves into loss. These are all the materials information which is required to be taken note of by the competent authority before deciding the petitioner’s grievance dated 13.03.2023 and 20.03.2023.

The concerned authorities is directed to pass a detailed speaking order on the grievance of the petitioner and communicate the same to the petitioner within a period of one month. With that direction the writ is disposed by the court.

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Written By : Sushant Kumar Sharma

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30 Nov

Court Decides To Quash The Case When The Parties Agree On Settlement: Patna High Court

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Title: Deepak Kumar v State of Bihar

Citation: CR. MISC. No.40319 of 2022

Decided On: 01-11-2023

Coram: Honourable Mr. Justice Satyavrat Verma

Introduction:

The present quashing application has been filed seeking quashing of the order dated 21.03.2022 passed by the learned Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Sheikhpura Mahila P.S. Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.

Facts:

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that after the police submitted charge-sheet, cognizance was taken and after framing of the charges, on intervention of the well wishers, the parties have compromised the case. It is next submitted that the opposite party herein does not intend to pursue with the case or the trial.

Mr. Purushotam Sharma, learned counsel appearing on behalf of the opposite party concurs with the submission of the learned counsel for the petitioners and submits that he has instruction to make submissions on behalf of the opposite party that the opposite party does not have any objection in the event if the order dated 21.03.2022 passed by the learned Sub- Divisional Judicial Magistrate.

Court’s Analysis and Judgement:

Considering the submissions made by the learned counsel for the opposite party and evaluating that both the parties agree on the settlement and there is no party who wants to pursue the case. The court quashed the Case No. 38 of 2019, G.R. No. 674 of 2019 whereby charges have been framed against the petitioners under Sections 341, 323, 354(B), 504, 452 and 506/34 of the Indian Penal Code.

Written By : Sushant Kumar Sharma

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28 Nov

The Party Is Obliged To Follow The Undertaking Given In Front Of Court: Patna High Court

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Citation: CR. MISC. No.39089 of 2023

Decided On: 16-10-2023

Coram: Honourable Mr. Justice Satyavrat Verma

Introduction:

The learned counsel for the petitioners submits that the present quashing application has been filed seeking quashing of the FIR being Patliputra P.S. Case No. 386 of 2023 dated 12.05.2023, registered under Sections 406, 420, 504, 506 and 120B of the Indian Penal Code.

Facts:

The learned counsel submits that the aforesaid F.I.R. was instituted by the Opposite Party, it is next submitted that the offences are compoundable and the parties have entered into a compromise dated 20.09.2023. The learned for the Opposite Party does not object to the submissions of the learned counsel for the petitioners but submits that in the compromise dated 20.09.2023, three conditions were there out of which two conditions have been fulfilled by the petitioners but the third conditions which was with respect to withdrawal of Complaint Case No. 4801 of 2023, pending in the Court of learned C.J.M, Patna which was instituted by the petitioners against the Opposite Party till date has not been withdrawn though in the compromise it was clearly recorded that the petitioners will withdraw the said case also.

The learned counsel for the petitioners submits that the next date fixed in the Complaint Case 4801 of 2023 pending in the Court of learned C.J.M, Patna is 03.11.2023 and on the said date the said complaint case shall be positively withdrawn by the petitioners, since the parties have compromised and the learned counsel for petitioners, on behalf of the petitioners, have undertaken before this Court that Complaint Case No. 4801 of 2023 pending in the Court of learned C.J.M, Patna shall be withdrawn on 03.11.2023 in terms of the compromise dated 20.09.2023.

Court’s analysis and Judgement:

In the event if the petitioners violates the undertaking given before this Court that petitioners will withdraw the Complaint Case No. 4801 of 2023 pending in the Court of learned C.J.M., Patna in that event the Opposite Party shall be at liberty to bring the said fact to the notice of the Court. Stating that the court allowed the quashing of the application.

Written By : Sushant Kumar Sharma

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28 Nov

Giving The Colour Of Criminal Case To A Civil Dispute Is An Abuse Of The Process Of The Court: Patna High Court

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Citation: CR. MISC. No.21467 of 2023

Decided On: 16-10-2023

Coram: : Honourable Mr. Justice Chakradhari Sharan Singh

Introduction:

The petitioner has put to challenge in the present application filed under section 482 of the CrPC the order taking cognizance dated 26.02.2020 passed by the learned Additional Chief Judicial Magistrate-VI, Saran at Chapra in connection with Complaint Case No. 343 of 2020, by which learned ACJM- V has taken cognizance of the offences punishable under Sections 323, 420, 467, 468, 471 and 34 of the Indian Penal Code against this petitioner.

Facts:

It is the allegation made in the complaint petition of the Opposite Party that the father of accused Banaras Singh executed sale deed in favour of his mother Dhandai Devi in the year 1949 with respect to land pertaining to Khata No. 84 , Plot No. 1478 admeasuring 2 Bigha, 12 Katha 14 Dhoor, Khata No. 84, Plot No. 1514 admeasuring 1 Bigha 16 Katha 17 Dhoor, and Khata No. 85 Plot No. 1518 admeasuring 2 katha 3 Dhoor. After the total area of the land said to have been transferred by Banaras Singh was thus 4 Bigha 11 Katha and 14 Dhoor.

It is the case of opposite party that after execution of sale deed, Dhandai Devi had come in possession and thereafter the land was in possession of the complainant. The gist of allegation in the complaint petition that on 20.01.2020 accused Puran Singh declared that he had sold 7 Katha land of Khata No. 84 Plot No. 1478 at Kamalpur Petrol Pump. It is the case of the complainant that the land which belonged to the complainant was thus fraudulently purchased by this petitioner from accused Puran Singh. Nawaji Ali also got executed sale deed in his favour by Puran Singh.

Court’s Analysis and Judgement:

On close reading of the complaint petition, leaves no room for doubt, that it pure and simple civil dispute which has been given the colour of criminal case. No offence punishable under sections 323, 420, 467, 468, 471 and 34 of the Indian Penal Code is made out against this petitioner. The filing of the complaint case as against this petitioner is an abuse of the process of the court. Hence The complaint petition was quashed.

Written By : Sushant Kumar Sharma

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28 Nov

Appeal Of Petitioner Dismissed As The Court Couldn’t Find Enough Ground To Question The Challenged Order: Patna HC

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Title: Binesh Paswan v The State Of Bihar

Citation: CR. MISC. No.21466 of 2023

Decided On; 16-10-2023

Coram: Honourable Mr. Justice Chakradhari Sharan Singh

Introduction:

The petitioners have put to challenge in the present application filed under section 482 of the CrPC, the order dated 20.11.2019 passed by the learned Chief Judicial Magistrate, Biharsharif, whereby he has taken cognizance of the offences punishable under sections 341, 323, 307, 504/34 of the Indian Penal Code.

Facts:

It is submitted on behalf of the petitioners that in the FIR, nothing specific has been attributed against these petitioners. It has further been submitted that, even if, the allegations made in the FIR are taken to be true at their face value they do not prima facie constitute any offence against the petitioners.

Court’s Analysis and Judgement:

On reading of the FIR, it transpires that according to the allegation, the occurrence had taken place during the course of construction of a house. There is specific allegation in the FIR of assault made by the accused persons because of which the mother of the informant sustained injuries. The submission on behalf of the petitioners that no offence is made out based on what has been alleged in the FIR, court decided that it is untenable. This application is, accordingly, dismissed.

Written By : Sushant Kumar Sharma

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