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

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Court of learned C.J.M, Patna which was instituted by the petitioners against the Opposite Party till date has not been withdrawn though in the compromise it was clearly recorded that the petitioners will withdraw the said case also.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in the Court of learned C.J.M, Patna is 03.11.2023 and on the said date the said complaint case shall be positively withdrawn by the petitioners, since the parties have compromised and the learned counsel for petitioners, on behalf of the petitioners, have undertaken before this Court that Complaint Case No. 4801 of 2023 pending in the Court of learned C.J.M, Patna shall be withdrawn on 03.11.2023 in terms of the compromise dated 20.09.2023.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.

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Written By : Sushant Kumar Sharma

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hc patna

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

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.

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

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.

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Court Need Not To Intervene Where It Doesn’t Seem Fit To Intervene: Patna High Court

Citation: CR. MISC. No.21192 of 202

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 dated 31.01.2022 passed in Criminal Revision No. 171 of 2021. The petitioner is an accused in Laheriasarai P.S. Case No. 222 of 2019, wherein cognizance has been taken by the learned CJM, Darbhanga for the offences punishable under sections 341, 323, 324, 307, 354, 504, 506/34 of the Indian Penal Code

Facts:

The said criminal revision petition has been dismissed by an order dated 31.01.2022 passed by learned Additional Sessions Judge-X, Drabhanga, which order is under challenge in the present application filed under section 482 of the CrPC. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner and other persons named in the FIR have been falsely implicated. The occurrence is said to have taken place as the informant had opened a shop to sell beef near a Temple and Town Primary Health Centre, Urdu Bazar, Darbhanga, to which members of both community opposed.

He further submits that the FIR was registered by the petitioner giving rise to Laheriasarai P.S. Case No. 193 of 2019. Another FIR was registered by the petitioner’s wife on 08.06.2019 giving rise to Laheriasarai P.S. Case No. 220 of 2019. Subsequently, the informant of this case lodged the false case giving rise to Laheriasarai P.S. Case No. 222 of 2019. On perusal of the records, it transpires that the petitioner had approached the revisional court and had invoked the statutory remedy of revision as envisaged under section 397 of the CrPC questioning the order taking cognizance.

Court’s Analysis and Decision:

Court did not interfere with the order passed by the revisional court in the present case, cause the court didn’t find it fit to do so. The application was dismissed because of the said reason by the court. The Hon’ble judge added that the petitioner, however, shall be at liberty to raise the grounds, which he has raised in the present application, at the time of framing of charge.

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Ews Resevation Suitable For India Or Not:

  1. The impact of EWS reservation on social equality in India:

The impact of EWS reservation on social equality in India has been a subject of debate and discussion. While proponents argue that it promotes inclusivity and addresses historical disadvantages faced by economically weaker sections, critics question its effectiveness in truly uplifting the marginalized groups.

The implementation of EWS reservation has undoubtedly provided opportunities for education and employment to those who were previously excluded. However, challenges remain in ensuring equitable access to these benefits as well as addressing the deeply entrenched social and economic disparities that persist in Indian society. The success of EWS reservation in promoting social equality ultimately depends on the comprehensive measures taken by the government to address the root causes of inequality and uplift the economically weaker sections. Efforts should be made to improve the quality of education provided to EWS students, ensuring that they receive the same standard of education as their privileged counterparts.[1]

Additionally, the government should focus on providing skill development programs and employment opportunities to EWS individuals, enabling them to break free from the cycle of poverty. Furthermore, there should be strict monitoring and enforcement of the reservation policy to prevent misuse and ensure that deserving candidates truly benefit from it. Only through these concerted efforts can EWS reservation truly bring about the desired social and economic transformation in Indian society.

  1. Assessing the effectiveness and implementation challenges of EWS reservation policies:

To evaluate the effectiveness of EWS reservation policies, it is crucial to conduct thorough assessments and analysis of the outcomes. This can be done by tracking the progress of individuals from economically weaker sections who have availed the reservation benefits and measuring their social and economic upliftment. The government should also address implementation challenges such as ensuring transparency in the selection process, preventing corruption, and providing adequate resources for the successful implementation of the reservation policies. By addressing these challenges and conducting regular evaluations, the government can make necessary improvements and ensure that the EWS reservation policies are truly effective in bringing about the desired social and economic transformation.

Furthermore, it is crucial for the government to actively monitor the impact of the EWS reservation policies on the targeted sections of society. This can be done through rigorous data collection and analysis, tracking the progress of individuals and communities who have benefited from the reservations. By measuring their social and economic upliftment, the government can assess the effectiveness of these policies in addressing the historic inequalities faced by the EWS population. Additionally, it is imperative for the government to address implementation challenges that may hinder the successful execution of the reservation policies.

  1. Exploring the historical context and evolution of reservation systems in India:

The historical context and evolution of reservation systems in India are essential to understanding their impact on society. Reservation policies were first introduced in India in the early 20th century as a means to address the social and economic disparities faced by marginalized communities. These policies aimed to provide representation and opportunities for historically disadvantaged groups, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Over time, the reservation system has evolved and expanded to include other sections of society, such as economically weaker sections (EWS) and women. Understanding the historical development of these policies can shed light on their intended goals and their impact on social equality. The reservation system has been both praised and criticized for its effectiveness in uplifting marginalized communities. While it has undeniably provided opportunities for education and employment for those who were previously denied access, some argue that it has also created a sense of dependency and perpetuated the notion of caste-based divisions in society. Nevertheless, the reservation policies continue to be an important tool in addressing historical injustices and fostering inclusivity in India.[2]

Reservation policies in India have been instrumental in providing representation to historically marginalized communities in various sectors, such as government, education, and public services. By allocating a certain percentage of seats or jobs to these communities, the policies aim to rectify centuries-old discrimination and create a more equitable society. However, it is important to periodically review and refine these policies to ensure they achieve their goals without inadvertently perpetuating divisions or hindering merit-based opportunities for all.

  1. Discussing alternative strategies to promote inclusivity and social upliftment beyond reservations in India:

One alternative strategy to promote inclusivity and social upliftment beyond reservations in India is through targeted affirmative action programs. These programs can be designed to specifically address the needs and challenges faced by marginalized communities, without resorting to quotas or reservations. For example, scholarships and mentorship programs can be implemented to provide educational and career opportunities to individuals from disadvantaged backgrounds. Additionally, government initiatives can focus on improving infrastructure and access to basic services in marginalized areas, ensuring that all citizens have equal opportunities for development and progress. Furthermore, promoting diversity and inclusion in the private sector through corporate social responsibility initiatives and diversity hiring practices can help create a more inclusive and equitable society. By actively seeking out and hiring individuals from diverse backgrounds, companies can foster a culture of acceptance and provide opportunities for underrepresented groups to thrive. Moreover, implementing training programs and workshops on unconscious bias and cultural sensitivity can further promote diversity and inclusion within organizations. Ultimately, these efforts can lead to a more equal distribution of resources and opportunities, contributing to a fair and just society for all.[3]

In addition, organizations can also establish mentorship programs and affinity groups to support and empower employees from marginalized communities. These initiatives can provide a safe space for individuals to connect, share experiences, and receive guidance from more experienced colleagues. By investing in these programs, companies can foster a sense of belonging and create a supportive environment that encourages diverse talent to stay and grow within the organization. Ultimately, these actions can drive innovation and drive better business outcomes, while simultaneously nurturing a more inclusive and equitable society.

Conclusion:

By prioritizing diversity and inclusion within the workplace, companies have the opportunity to not only create a more inclusive and equitable society, but also to enhance their own success. When employees feel valued and supported, they are more likely to bring their full selves to work, which can lead to increased creativity, collaboration, and productivity. Moreover, by actively seeking out and amplifying diverse perspectives, companies can better understand and meet the needs of their diverse customer base, ultimately resulting in improved business outcomes. In a world that is becoming increasingly interconnected and diverse, it is essential for companies to embrace and celebrate diversity in order to thrive in the long run.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By : Sushant Kumar Sharma

[1] Alex andrews George, EWS Reservation Eligibility – Know the Criteria to apply for the 10% Economically Weaker Section Quota Seats,  CLEAR IAS (September 30, 2023)  https://www.clearias.com/ews-reservation-eligibility/

[2] K.Venkataramanan, Explained | How has the EWS ruling altered reservations?, THE HINDU (November 13, 2022) https://www.thehindu.com/news/national/explained-how-has-the-ews-ruling-altered-reservations/article66129488.ece

[3] Adithyan, Economically Weaker Section, EWS, CLEARTAX (November 22, 2023) https://cleartax.in/glossary/economically-weaker-section-ews/

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