Appointments & TransfersNews

President appoints the following four lawyers as the Judges of Patna High Court:

  • Anjani Kumar Sharan
  • Anil Kumar Sinha
  • Prabhat Kumar Singh
  • Partha Sarthy

The above-mentioned are to be Judges of the Patna High Court, in that order of seniority, with effect from the date they assume charge of their respective offices.

Ministry of Law and Justice

[Order dt. 15-04-2019]

Appointments & TransfersNews

Proposal for appointment of following 6Advocates, as Judges of the Patna High Court:

  1. Shri Anjani Kumar Sharan
  2. Shri Anil Kumar Sinha
  3. Shri Rajendra Kumar Giri
  4. Shri Prabhat Kumar Singh
  5. Shri Partha Sarthy
  6. Shri Vikash Kumar

On the basis of interaction and having regard to all relevant factors, the Collegium is of the considered view that S/Shri (1) Anjani Kumar Sharan, (2) Anil Kumar Sinha, (3) Prabhat Kumar Singh and (4) Partha Sarthy, (mentioned at Sl. Nos. 1, 2, 4 and 5 above) are suitable for being appointed as Judges of the Patna High Court.

As regards S/Shri (1) Rajendra Kumar Giri, and (2) Vikash Kumar (mentioned at Sl.Nos. 3 and 6 above), having regard all relevant factors and the material placed in the file, the Collegium is of the considered view that the proposal for their elevation deserves to be remitted to the Patna High Court. The Collegium resolves to recommend accordingly.

[Notification dt. 01-04-2019]

Collegium Resolutions

Appointments & TransfersNews

Proposal for appointment of following six Additional Judges of the Patna High Court, as Permanent Judges of that High Court:

1. Mr Justice Anil Kumar Upadhyay
2. Mr Justice Rajeev Ranjan Prasad
3. Mr Justice Sanjay Kumar
4. Mr Justice Madhuresh Prasad
5. Mr Justice Mohit Kumar Shah and
6. Mr Justice Prakash Chandra Jaiswal

The Committee constituted in terms of the Resolution dated 26th October, 2017 of the Supreme Court Collegium to assess the Judgments of the above-named recommendees, has submitted its report.

In view of the report, the Collegium comprising of Ranjan Gogoi, CJ and S. A Bobde and N.V. Ramana, JJ., resolved to recommend that Mr Justices (1) Anil Kumar Upadhyay, (2) Rajeev Ranjan Prasad, (3) Sanjay Kumar, (4) Madhuresh Prasad, (5) Mohit Kumar Shah, and (6) Prakash Chandra Jaiswal, Additional Judges, be appointed as Permanent Judges of the Patna High Court against the existing vacancies.

Collegium Resolutions

[Dated: 11-03-2019]

Supreme Court of India

Case BriefsHigh Courts

Patna High Court: The 3-judge bench of I. A. Ansari ACJ, Chakradhari Sharan Singh and Navaniti Prasad Singh, JJ upheld the validity of Invoking the provisions as contained in Sub-section (3) of Section 197 , the Notification dated 16.05.1980 issued by Bihar Government, invoking the provisions as contained in Sub-section (3) of Section 197 CrPC, which direct which declared that the provisions of sub-section (2) shall apply to no court can take cognizance of the offence committed by “Officers and men” wherever they may serving the State of Bihar or the Bihar Police Force, such class or category of the members of the Forces charged with the maintenance of public order of the Code of Criminal Procedure, while performing his official duty, except by the prior sanction of the State Government. , a notification of Bihar Government, issued in 1980. The bench of three judges I. A. Ansari ACJ, Chakradhari Sharan Singh and Navaniti Prasad Singh, J J upheld the order of Chief Judicial Magistrate.

The petitioner who was posted as Officer-in-charge of Government Rail Road Station, in Muzaffarpur was charged under offences punishable under Sections 147, 323, 353, 342 and 379 of the Penal Code, 1860 by and the Chief Judicial Magistrate took the cognizance of the matter without prior sanction. The petitioner, relying on the impugned Notification, under section 482 of the Cr.PC moved to Patna High Court where the Single Judge referred the matter to the Division Bench which was later transferred to a larger bench. The Court took reliance with of the case of ruling in of Om Prakash and others v. State of Jharkhand, (2012) 12 SCC 72 and held that The notification, dated 16.05.1980, cannot be held to be beyond the scope and/or powers conferred on the State Government under Sub-section (3) of Section 197 CrPC of the Code of Criminal Procedure, the same having been applied by Supreme Court in case of Om Prakash vs. State of Jharkhand (supra) and criminal prosecution having been quashed against police personnel on that ground. We are mindful of the fact that the question of jurisdiction of the State Government to issue notification, granting protection to police personnel in exercise of power under section 197(3) of the CrPC., was neither raised nor decided. The Court further said that in view of the said notification, the previous sanction of the offences alleged to have been committed by the Police Officers, while acting or purporting to act in discharge of his official duty, is a condition precedent.
Hence, the Court held that the Chief Judicial Magistrate erred by taking cognizance of the matter without the prior sanction of the State Government and hence, quashed the impugned order. the Court held that under Section 197 (2) of CrPC that any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government uphold the Bihar Notification and quashed the order of the Chief Judicial Magistrate. [Ram Rekha Pandey vs. State of Bihar, 2016 SCC OnLine Pat 2130, dated on 26th June,26.06. 2016]