Allahabad Court August 2010 Judgments
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Dr.Kiran Singh. Vs. State of U.P.Through Secretary Home; Civil Secreta ...
Court: Allahabad
Decided on: Aug-02-2010
1. Heard Dr. Salil Kumar Srivastava, learned counsel for the petitioners, Shri Nadeem Murtaza, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material on record.2. By means of this petition filed under section 482 Cr.P.C., the petitioners have invoked the inherent jurisdiction of this Court with a prayer to quash the proceedings of Complaint Case No.1937 of 2008 pending in the Court of Additional Chief Judicial Magistrate, Court No.12, Barabanki under section 3 of Dowry Prohibition Act 1961, hereinafter referred to as D.P. Act, and the summoning order dated 20.06.2009, passed therein.3. The submissions of petitioners' counsel are that no offence of section 3 of D.P.Act is disclosed from the averments of the complaint filed by opposite party no.2 or the statement recorded by the Magistrate under section 200 and 202 Cr.P.C. as there is no allegation that any dowry was given by the petitioners at the time of marriage of petitioner no.1 with opposite ...
Ram Pal Pal. Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. The prayer for bail in these connected appeals is being considered and disposed of by a common order. 2. We have heard Sri Ram Nath, learned counsel for the appellant Ram Pal Pal as well as Sri Arvind Kumar Srivastava, learned counsel for the appellant Kaptan Singh Sakya, Sri Sarvesh Kumar Dubey, learned counsel for the complainant, learned A.G.A. for the State and perused the Trial Court record. There is also a third appellant Pola @ Bhola @ Kaushalendra. As his counsel was not appearing on earlier dates, this case is listed peremptorily for today so that he may appear, but he has chosen not to appear even today when the case was called out in the revised list. 3. Questionnaire was given from the Computer Section that the fourth convict Devendra @ Pinku has not yet preferred any appeal. The said report is taken on record. 4. It is contended that a 15-16 year old boy Saurabh Gupta (P.W.2) was abducted on 2.1.2007 at 6 p.m. A report of his missing was lodged at 7.30 p.m. by his fathe...
Rajendra Prasad SharmA. Vs. Prescribed Authority; Khurja; Bulandshahar ...
Court: Allahabad
Decided on: Aug-02-2010
1. Writ Petition No. 211 of 2010 has been filed by the Arya Kanya Pathshala Association, Khurja, District-Bulandshahr and its Manager for quashing the order dated 21st December, 2009 passed by the Prescribed Authority on the application filed by private respondent No. 6-Rajendra Prasad Sharma for recalling the order dated 30th November, 2009 which had earlier been passed by the Prescribed Authority under the proceedings initiated under Section 25(1) of the Societies Registration Act, 1860.2. On 6th January, 2010, in view of the submissions advanced by Sri Ashok Khare, learned Senior Counsel for the petitioners that respondent-No.6 had deliberately not appeared before the Prescribed Authority and that the Prescribed Authority could not have passed an interim order, this Court stayed the operation of the order dated 21st December, 2009 passed by the Prescribed Authority.3. Writ Petition No.29866 of 2010 has been filed by Rajendra Prasad Sharma for quashing the order dated 21st April, 201...
Rajesh Katiyar. Vs. State of Uttar Pradesh (U.P.). and ors.
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the petitioner, the learned counsel for the complainant and also learned Additional Government Advocate. The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide F.I.R. which was registered at Case Crime No.27 of 2010, under Sections 498-A, 323, 504, 506 I.P.C., P.S. Mahila Thana, District Kanpur Nagar. 2. Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. 3. While referring the matter to Mediation Centre with the consent of the petitioner, it is directed that the petitioner shall deposit a sum of Rs.10,000/- with the Mediation Centre by way...
Babar Mian. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-02-2010
1. Heard Sri Sumit Gopal, learned counsel for the applicant and Sr I.M.Khan, learned counsel who has put in appearance on behalf of applicant by filing his parcha today in the Court, which is taken on record and learned A.G.A. for the State.2. The present petition under Section 482 Cr.P.C., has been filed for quashing order dated 13.05.2010 passed by learned Additional Sessions Judge (Fast Track Court No.2), District Rampur in Sessions Trial No. 14 of 1995 (State v. Babar Mian and others) under Section 302 I.P.C., Police Station Ganj, District Rampur.3. It is contended by learned counsel for the applicant that earlier an application was moved on behalf of the applicant under Section 311 Cr.P.C. for summoning the P.W.6, which application was rejected by the learned Court below by an order dated 24.04.2010 and the same was challenged by the applicant by means of Criminal Misc. Application (482) No. 15622 of 2010 before this Court and another Bench of this Court vide its Judgement and ord...
iqbal, and Others. Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. Supplementary counter affidavit filed on behalf of the State and supplementary affidavit filed on behalf of the applicants are taken on record. Pursuant to the order of this Court, the Investigating Officer of the case Shri Desh Raj Singh is present in person along with the case diary. 2. Heard the learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. Learned counsel for the applicants pointed out that according to the averments of the F.I.R., the applicants and their associates, including two women, set the house of Ramzan on fire as a result thereof his three daughters, aged about 24,16 and 10 years and a six months old son of one Guddu died of burns. 4. The submissions of the learned counsel for the applicants are that the dead bodies of all the four persons are said to have been found on a wooden Takhat but it is highly improbable that none of the deceased girls, as a natural impulse, tried to save themselves or to save the infant from the f...
Sukhpal, and anr. Vs. State of Uttar Pradesh (U.P.). and ors.
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the petitioners and also learned Additional Government Advocate. 2. The argument substantially is that fraught relations emanating from matrimonial bickering escalated into launching of criminal proceeding vide F.I.R. which was registered at Case Crime No.480 of 2009, under Section 495 I.P.C., P.S. Khandauli, and District Agra. 3. Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. 4. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High C...
Sunder And, Another. Vs. State of Uttar Pradesh (U.P.) and Others.
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the applicant and the learned A.G.A. The dispute seems to be between husband and wife. Having gone through the record, I prima facie find that the parties should be given a chance to settle their differences on their own terms through the process of mediation and conciliation. 2. Let this order be placed before the Registrar/Incharge of 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre will issue notices to both the parties fixing a date for their personal appearances at the centre before the mediator by the Organizing Secretary of the Mediation Centre. 3. Mediator/Conciliator is allowed three months' time to find a possible solution of disputes between the parties. The case will be listed before the appropriate Bench in week commencing 29.11.2010 along with the report of conciliator. 4. The applicants are directed to deposit Rs. 10,000/- at the Mediation Centre within two weeks for the expenses to be b...
Sadaab. Vs.State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. This application has been filed with a prayer to release the applicant on bail in Case Crime No. 2 of 2010 under Sections 420 and 406 IPC, P.S. Janakpuri, District Saharanpur. 2. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant, Sri Sumit Goyal, learned counsel for the complainant, learned AGA and perused the record. 3. As per the prosecution story, the applicant was working as Munshi in the firm M/s S. S. Contractor & Supplier owned by the informant. On 10.12.2009 the applicant was deputed to withdraw the amount of Rs. 5,00,000/- from the Bank. The said money was misappropriated by the applicant by concocting a false story that while he was returning from the Bank after withdrawing the money, his motorcycle collided with a tree, he fell down and received injuries, and was admitted to a hospital. He claimed that during this period, somebody took the money from his possession without his knowledge. 4. Learned counsel for the applicant has submitted that the applica...
Ravi Dev. Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the applicant, Shri Swarn Kumar Srivastava, learned counsel for the complainant and learned A.G.A. appearing for the State. 2. It is contended by the learned counsel for the applicant that initially F.I.R. was lodged as N.C.R. Deceased himself was an old person and died on 15.4.2010.In the injury report of the deceased injury no.2 which is shown as incised wound but there is no explanation of the said injury. 3. Learned Private Counsel for the complainant contended that deceased had died due to injury no.2. There is specific allegation against the applicant that he had inflicted injuries by lathi. 4. The occurrence had taken place on spur of moment while plucking the mango from the mango tree. In the injury report injury no.2 is shown as incised wound. Deceased had died on 15.4.2010. 5. Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the cas...
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