Allahabad Court July 1950 Judgments
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Ramesh Chandra Nigam Vs. the State
Court: Allahabad
Decided on: Jul-21-1950
Reported in: AIR1952All359
ORDERMisra, J. 1. This criminal revision is directed against the order of the Additional District Magistrate, Lucknow. The applicant Eamesh Chandra Nigam was prosecuted for an offence under Section 17(1), Criminal Law Amendment Act (Act XIV [14] of 1908) for assisting the operations of the Rash-triya Swayam Sewak Sangh, which was declared an unlawful association by the Provincial Government under S, 16 of that enactment.2. At the search of the house of the applicant which took place on 15-12-1918 by the police, a cyclostyle duplicator and a file containing literature meant for transmission as daily bulletins to various newspapers were recovered. The applicant is a sub-editor of a news agency called ''Hindustan Samachar'. He admitted that the duplicator was in his use and that he sent the news bulletins to newspapers for publication but denied, that he thereby in any manner assisted the aforesaid unlawful association. The learned Magistrate in convicting the applicant of the offence und...
Saghir Ahmad and ors. Vs. the State
Court: Allahabad
Decided on: Jul-18-1950
Reported in: AIR1950All723
Chandiramani, J.1. The appellants Saghir Ahmad alias Iftikhar Husain, Azadur Husain and Qamar All were convicted by Shri L. N. Misra Sessions Judge, Lucknow, on 6th February 1960 under Section 394, Penal Code, and sentenced each to rigorous imprisonment for seven years.2. The prosecution case briefly was that on 31st August 1948, at about 9 p.m. Gopal Mahraj P. W. 4. boarded an ekka at Goldarwaza, Chauk, Lucknow. He had a box with him containing cash Rs. 1,800/- and unsold ghunghroos worth Rs. 900/-. The same ekka was boarded by Ram Krishna Das alias Bachchu Lal P. W. 3. A third person also got into the ekka. The ekka was going to Charbagh Railway station. The ekka proceeded towards Charbagh via the Medical College crossing. The third passenger who got into the ekka requested the ekka driver Sardar Ahmad P. W. 17 to proceed via the Jubilee College as he had to get down there. After going beyond the railway oven bridge, the ekka stopped near the mosque and the triangular park. The third...
Ram Prasad Vs. the State
Court: Allahabad
Decided on: Jul-18-1950
Reported in: AIR1950All726
Chandiramani, J.1. Ram Prasad appellant, aged about 14 or 15, has been convicted by the learned Sessions Judge of Rae Bareli on 11th April 1950, under Section 376, Penal Code, and sentenced to rigorous imprisonment for two years and five stripes.2. The prosecution case briefly was the t on 14th June 1949, at about 1 P. M., the appellant Ram Prasad, called Smt. Parbhu Dei, a girl of about 11 or 12, to his mango tree, in village Ghonghara ka purwa, a hamlet of village Chhotaiya, police station Kotwali, Rae Bareli, on the pretext that he would give her some mangoes, and when she went near him, he felled her into a water channel and forcibly had sexual inter course with her. On her alarm certain people, Smt. Maharaja P. W. 2, Baijnath, Smt. Radha and others arrived. The appellant ran away. The girl was found bleeding. She was taken home by her mother and as she had injuries and no conveyance was available that day, the girl wont to the police station, nine miles away, next day, and made a ...
Badri and anr. Vs. State
Court: Allahabad
Decided on: Jul-13-1950
Reported in: AIR1952All211
ORDERMalik, C.J.1. The applicants have been convicted under Section 323, Penal Code, and sentenced to one month's rigorous imprisonment and a fine of Rs. 50 each. The incident, complained of, took place on 28-6 1949. The complaint was filed on 4-7-1949, and on the same date it was forwarded to the City Bench Magistrates for disposal. The case remained pending before the Bench Magistrates till 12.10 1949, when they convicted the applicants under Section 923 and sentenced them to one month's rigorous imprisonment and to a fine of Rs. 90 each and in default rigorous imprisonment for a further period of one month.2. A point was taken in the lower Court that the case was cognizable by a Panchayati Adalat and not by the Bench Magistrates. The lower Court has mentioned a notification of the U. P. Government No. 9692/P R D 117/49, dated 27-7-1949. According to this notification the Panchayati Adalats in the United Provinces started functioning from 15-8-1949, except in places where the Panchay...
Nathwa and ors. Vs. State
Court: Allahabad
Decided on: Jul-12-1950
Reported in: AIR1951All452
V. Bhargava, J.1. This is an appeal by ten persons, Nathwa, Niadar, Dharma, Lal Singh, Banwari, Pirbhu, Kirpal, Mohammad Taqi, Achchhan and Laltu, who have all been convicted under Sections 399 and 402, Penal Code, and sentenced to undergo rigorous imprisonment for four years and three years respectively under these two sections. In addition all these appellants have been convicted for the offence under Section 307 read with Section 149, Penal Code. Two of them, Kirpal and Mohammad Taqi alias Kalian have been sentenced to four years' rigorous imprisonment for this offence whereas the remaining eight persons, have been sentenced to three years' rigorous imprisonment. Mohammad Taqi and Kirpal nave further been convicted and sentenced to one year's rigorous imprisonment for the offence under Section 19 (f), Arms Act and Nathwa and Laltu have been convicted and sentenced to six months' rigorous imprisonment under Section 19 (f), Arms Act. All the sentences of imprisonment of all these appe...
Ajodhia Prasad Vs. State Through Ram Rakhu
Court: Allahabad
Decided on: Jul-10-1950
Reported in: AIR1951All472
ORDERSapru, J.1. This is an application by a complainant for transfer of a case which is pending; before Shri M. D. Agarwal, Special Magistrate, first class, Jhansi, and which he has brought against the opposite party under section 500, Penal Code. The complaint was filed by the applicant on 30-7-1948. The case of the complainant was that the opposite party had defamed him, by calling him a communist and a sponsor of labour strikes. Whether on the facts allegect in the complaint a prima facie case of defamation has been made out is a question into which it is unnecessary for me to enter in this case. The complainant's case is that he is not a communist but an orthodox Congress worker who feels that the ideology and the principles for which the Congress stands are fundamentally opposed to communism. Whether again it is defamation to describe a congressman as a communist or by any other political label is a matter on which it is unnecessary for me to express any opinion. The learned Magi...
Satyapal Thaper Vs. State
Court: Allahabad
Decided on: Jul-07-1950
Reported in: AIR1951All481
ORDERWali Ullah, J.1. The applicant Satyapal Thapar has been convicted of an offence Under section 170, Penal Code, and sentenced to one year's rigorous imprisonment and a fine of Rs. 500, in default to two months' further rigorous imprisonment. His appeal to the learned Sessions Judge was unsuccessful.2. It appears that on or about 23-11-1947,, some one posing as an Inspector of the Chemical Directorate, New Delhi, visited Shikohabad and inspected the firms known as Bast Indian Soap Factory, Shikohabad Soap and Chemical 1951 A11./61 & 62 Works, Jai Bharat Soap Factory and C. P. Soap Factory. Thereafter he also visited Firozabad in the Agra district and there also inspected a few soap factories. At both these places the visitor gave out that he was an Inspector of the Chemical Directorate, New Delhi. Sometime later Mr. U. R. Bhatt, the Junior Field Officer, visited Shikohabad. He was then informed that one Mr. 'Paul' had already inspected the soap factories at Shikohabad sometime back....
indra Jit Singh Vs. Ram Pal Singh
Court: Allahabad
Decided on: Jul-06-1950
Reported in: AIR1951All371
ORDERMisra, J.1. This is a criminal revision in a pending case which was filed by Ram Pal Singh, opposite party, against the applicant in the Court of the Sub-Divisional Magistrate, Hasanganj, on 17th March 1949. The aforesaid Magistrate called for a police report but after the receipt of it he transferred the case to the Judicial Magistrate, Hasanganj, Shri Jagat Bahadur Srivastava, on 5th May 1949. This was because of the separation of executive and judicial functions in the district of Unnao, Mr. Srivastava was also empowered to transfer cases and by his order dated 6th May 1949, he entrusted the matter to the Railway Magistrate, Shri Devi Prasad Misra. When the case reached the second transferee Court, Indra Jit Singh applied for its re-transfer to the Court of Mr. Srivastava on the ground that a transfer of a transferred case was not possible under the Code, if cognizance had already been taken of it by the first transferee Court. Mr. Devi Pershad Misra rejected the application an...
Ambika Baksh Singh Vs. Bharosay
Court: Allahabad
Decided on: Jul-05-1950
Reported in: AIR1950All731
ORDERMisra, J.1. This revision arises out of proceedings under Section 145, Criminal P. C. The case arose on a complaint submitted by Bharosey Pasi, opposite party, to the Home Minister, Uttar Pradesh, stating that on account of his giving evidence in a criminal case, Ambika Baksh Singh was causing interference to Bharosey's possession over his lands in Village Hathrohna, that be caused damage to his crop and that there was danger to his life. This application was forwarded to the District Magistrate, Rae Bareli who called for a report from the Superintendent of Police and after it was submitted he entrusted the case to the Sub-Divisional Magistrate, Mahrajganj, directing that, if necessary, proceedings under Section 145, Criminal P. C., be started against Ambika Baksh Singh. The police report was in favour of Bharosey and contained a recommendation for action under Section 107, Criminal P. C. Acting on it, the Court passed an order on 21st January 1949, for issue of notice to Ambika B...
State Vs. Ram Sia and ors.
Court: Allahabad
Decided on: Jul-03-1950
Reported in: AIR1950All727
Sapru, J.1. This application, on behalf of the Uttar Pradesh Government is of a rather unusual nature. 'The prayer embodied in this application is that this Court may be pleased to transfer Sections 395/397/412, Penal Code case pending in the Court of the learned Scissions Judge of Banda to some other Court of equal status. We have described the application as unusual because it is very rarely, if indeed ever, that applications for transfer of cases from the Court of one Sessions Judge to another are made on behalf of the State to this Court. Sessions Judges occupy a position of distinct importance in our judicial hierarchy. It is after years of service that a judicial officer reaches the position of a Sessions Judge. The Criminal Procedure Code vests Sessions Judges with vast powers. They can pass a sentence of death, subject to confirmation by this Court, Very rightly both this Court and the State repose complete confidence is their ability, integrity and character, A transfer applic...
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