Allahabad Court June 1954 Judgments
Phudki Vs. State
Court: Allahabad
Decided on: Jun-15-1954
Reported in: AIR1955All104; 1955CriLJ278
ORDERMukerji, J.1. This is an application by Phudki who has been convicted by one of the learned Additional Sessions Judges of Meerut under Section 186, Penal Code and sentenced to undergo rigorous imprisonment for a period of three months.2. The facts giving rise to this criminal revision briefly stated were these: On the 7th of April, 1949, Sub-Inspector Himmat Singh of police station Garhmukteshwar started an investigation in regard to a dacoity case. He decided to arrest the applicant that night, and in order to give effect to that decisions of his, he asked his second officer Richpal Singh to go down with two constables to the house of Phudki and to arrest him. When S. O. Richpal Singh and the constables reached the house of Phudki, Phudki, somehow, got scent of their arrival and actually opened a back door and ran for liberty. The police officer and the two constables chased him and while so chasing him, the police constable fired a pistol shot at Phudki, Phudki shouted for help ...
Tag this Judgment!Gopal Ji and ors. Vs. Shree Chand and anr.
Court: Allahabad
Decided on: Jun-09-1954
Reported in: AIR1955All28; 1955CriLJ24
Mukerji, J.1. This is an application by three persons, Gopal Ji, Laxmi Devi and Radha Krishna, under Section 491, Criminal P. C., as also under Article 226 of the Constitution of India. Article 226 has apparently been added because the prayer which has been made is a prayer that is generally made in applications for 'habeas corpus'. The prayer is that a writ of 'habeas corpus' be issued to set at liberty Gopal Ji and Laxmi Devi, applicants Nos. 1 and 2, from illegal detention and illegal custody of the opposite parties.2. The allegations on which this application was founded were that Gopal Ji and Laxmi Devi are two minor children of applicant No. 3, Radha Krishna. Gopal Ji is a boy of about six years, while Laxmi Devi is a little girl of about two years of age. The mother of these two minor children suddenly died of cholera on 2-11-1953 at the Colvin Hospital, and that Shri Chand and Kamta Prasad, the opposite parties, thereafter took away the two minor children to their house, that t...
Tag this Judgment!State Vs. Deadley Misra
Court: Allahabad
Decided on: Jun-09-1954
Reported in: AIR1954All738
ORDERRoy, J. 1. This is a reference under Section 432, Criminal P. C., by the learned Judicial Officer of Jaunpur for a decision as to whether or not Section 144, Criminal P. C., is ultra vires as it offends against Article 19(1)(a) of the Constitution of India. 2. On 9-9-1950, an order under Section 144, Criminal P. C., was promulgated by the District Magistrate of Jaunpur with a view to prevent breach of peace and to maintain public tranquillity. One of the clauses contained in that order was that no one shall arrange, organise or take part in any demonstration whatsoever. The order was to remain in force from 15-9-1950 to 31-10-1950, both days inclusive. It was alleged on behalf of the prosecution that on 27-9-1950, Deadley Misra in contravention of that order organised a public meeting at the crossing in Mohalla Tikli Tola and took part in a demonstration and raised slogans like 'Inqilab Jindabad, Socialist Party Zindabad', etc. The learned Magistrate held the accused guilty of bre...
Tag this Judgment!Chhanga Vs. State
Court: Allahabad
Decided on: Jun-04-1954
Reported in: AIR1955All105; 1955CriLJ281
ORDERMukerji, J.1. This is an application in revision by Chhanga against whom the Additional District Magistrate (Judicial), Mr. S. P. Jindal, has made a complaint under SB. 193/199, Penal Code.2. Chhanga made applications for transfer of two cross-cases pending in the Court of a certain Magistrate before the District Magistrate. These applications were heard by the Additional District Magistrate, Mr. Jindal. In these applications certain allegations were made against one Mr. Jatan Swarup to the effect that the opposite parties to the application were friendly with Mr. Jatan Swarup and that they had given a thousand rupees to Mr. Jatan Swarup in order that he may influence the trying Magistrate who was an intimate friend of Mr. Jatan Swarup, and that by that means the opposite parties had assured their success in the case.3. The Additional District Magistrate, when he had the transfer application, before him, and when he saw the aforementioned allegations in the affidavit, resorted to ...
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