Allahabad Court August 2010 Judgments
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Gopi. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.2. According to the prosecution story, the applicant was working as a commission agent of All Bank Employees & Officers Co- operative Credit & Thrift Society Ltd., Agra and used to encourage the investors for depositing money in the said Society and thereby he, in connivance with the officials of the said Society, misappropriated a huge amount fraudulently.3. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that the F.I.R. was lodged in pursuant to an application filed under section 156(3) Cr.P.C. without explaining the delay in filing the said application. He further submits that , in fact, the applicant and his family members, were duped by the office bearers of the said Society because the father of the applicant had opened an Account in the said Society and deposited huge amount and necessary deposit...
Kalicharan. Vs. State of U.P., and Others.
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the petitioner, learned counsel who appears for the Corporation and learned Standing Counsel. Challenge in this petition is recovery proceeding by which a particular amount is sought to be recovered from the petitioner. Counsel for the petitioner has made statement at the bar that this is the first writ petition against the recovery proceeding and this fact has also been stated in the writ petition.2. Submission is that if reasonable time is allowed to pay the amount sought to be recovered, petitioner may be able to pay the same and irreparable injury on account of arrest and auction of property may be avoided.3. To the aforesaid, learned counsel appearing for Corporation submits that intention of the respondent Corporation has been never to cause any irreparable injury to the loanee rather the loan amount was advanced with the purpose to improve the petitioner's future prospects and thus if for justifiable reason the amount in terms of the agreement has no...
Ashok Kumar Tiwari. Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Aug-02-2010
1. This special appeal is directed against the judgment and order dated 07.12.2000 passed by the learned Single Judge in Civil Misc. Writ Petition No.52014 of 2000, dismissing the writ petition preferred by the writ petitioner-appellant.2. We have heard learned counsel for the parties.3. The learned Single Judge recorded a finding that at the relevant time, two posts have been filled in by promotion and the appellant was appointed against the post meant for promotion and this was not pointed out to the District Inspector of Schools.4. The grievance of the appellant herein is that one of the posts was filled in earlier by direct recruitment against compassionate appointment and that ought to be filled in by promotion and not by direct recruitment.5. There are four sanctioned posts in the cadre. According to Regulation 2 (2) of Chapter III of the U.P. Intermediate Education Act, 1921, 50% of the posts have to be filled up by promotion.6. We find that one Sri Om Prakash Tiwari was promote...
Smt. Chandra PrabhA. Vs. State of U.P.and Another.
Court: Allahabad
Decided on: Aug-02-2010
1. The present application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Criminal Complaint No. 141 of 1992, under Sections 159/162 Companies Act, pending before learned Special Chief Judicial Magistrate, Kanpur.2. Vide order dated 20.12.1994, this Court had passed an interim order whereby notice was issued to the opposite party no.2 and the opposite party no.2 as well as learned A.G.A. were granted time to file counter affidavit, but no counter affidavit has been filed till date, in the present case.3. Learned counsel for the applicant has argued that Shri Harish Kumar Gupta, the Managing Director of the Company namely, Hotel Sweta Private Limited, Dehradun was the Principal Officer of the Company who used to manage and look after the affairs of the company and not the applicant, who was one of the Director. Reference in this regard, has been drawn to the complaint, copy of which, is annexed as Annexure-5 to the application and in para 3 of the said complai...
Smt. Kamla Devi, and Others. Vs. M.M. Saidpur; Ghazipur, and Others.
Court: Allahabad
Decided on: Aug-02-2010
1. List revised. None appears to press the present 482 petition on behalf of the applicants. Learned A.G.A. is present for the State-respondent. 2. Office report dated 16.7.2001 shows that Sri M.A. Khan, learned counsel who had put in appearance on behalf of opposite party no.2, but no counter affidavit is on record till date. 3. The present 482 Cr.P.C. petition has been filed for quashing the Complaint Case no.813 of 1992 Ram Dhani v. Kanhaiya and others, under Sections494, 498, 380, 504, 506 IPC, pending before the Munsif Magistrate, Saidpur, District Ghazipur and also for quashing of the order dated 27.3.1993.4. The contention on behalf of the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Certain documents and statements have been appended in support of his contention. As the applicant no.1 is lady therefore, in the interest of justice her bail application be...
Sonu. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-02-2010
1. Counter affidavits have been filed today, it may be taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record.2. It is contended by learned counsel for the applicants that no deadly weapon was used in committing murder of the deceased and in ante-mortem report injury no. 3 is fatal but it is not clear that which of the accused person has caused this injury. It is further contended that as per FIR three accused persons have inflicted injuries but it is not pecifically mentioned that by which accused person deceased has received injuries.3. Learned AGA has contended that there is specific allegation against the applicant that he was involved in committing murder of the deceased. The occurrence has taken place in the day light of the occurrence.4. Applicant Sonu is in jail since 25.08.2009 and applicant Sumit is in jail since 08.08.2009. No deadly weapon was used in committing murder of the deceased.5. Considering the nature of accusati...
Ram Kumar GuptA. Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. Heard learned counsel for the applicant and the learned AGA and perused the record.2. This is an application under section 482 of the Code of Criminal Procedure for quashing the order dated 08.04.2008 passed by the IV-Additional Sessions Judge, Kanpur Dehat in Criminal Revision No. 35 of 2004 (Ram Kumar Gupta v State of U.P.) whereby the Additional Sessions Judge dismissed the applicant's revision and confirmed the order dated 25.02.2008 passed by the Chief Judicial Magistrate, Kanpur Dehat in Case Crime No. 13 of 2008 (State v Ram Milan & others), under sections 364, 302, 201 and 120-B IPC, P.S. Kakvan, District Kanpur Dehat. 3. It appears that the Chief Judicial Magistrate dismissed the applicants application for release of his vehicle UP 74-B/2216 on the ground that the vehicle was used for the commission of the offences, under the aforesaid sections. The learned Additional Sessions Judge dismissed the revision on the ground that no case for interference was made out. 4. It was n...
Lal Singh, and Another. Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. Heard Shri Rajendra Prasad Tiwari, learned counsel for the applicants, learned A.G.A. for the state and perused the record. 2. The learned counsel for the applicants has submitted that co-accused Tota Ram has been granted bail by this Court in Criminal Misc. Bail Application No. 15387 of 2010 on 18.6.2010. 3. The learned counsel for the applicants has further submitted that allegedly a mob attacked on the police party, no specific role causing the injury has been assigned to the applicants. Moreover the applicants are having no criminal history and they are in jail since 11.3.2010. 4. In view of the above facts and circumstances of the case and without expressing any opinion on the merits of the case, applicants are entitled to be released on bail. 5. Let the applicants Lal Singh and Yogesh involved in Case Crime No.172 of 2010, under sections 147, 148, 149, 224, 332, 353, 307, 323, 308, 427, 225, 504, 506 I.P.C. and section 7 Criminal Law Amendment Act,, P.S. Koshi Kala, District M...
Bhagwan Singh.Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. Heard Sri Rajendra Singh, learned counsel for the applicant, Sri Arvind Singh, learned counsel for the complainant, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicant has contended that the applicant has been falsely implicated in this case and an FIR was lodged by the applicant prior to this occurrence against the cousin of the complainant and even another FIR was lodged regarding threatening given by the accused persons and both the first information reports have been annexed with the bail application. It is further contended that as per FIR version the co-accused was seen running away with country made pistol and there was nothing in the hands of the applicant. The applicant is in jail since 20.4.2010. 3. Learned counsel for the complainant has contended that the applicant was seen running away from the spot along with co-accused and in postmortem report 2 ante mortem injuries have been found. Learned A.G.A. has also supported the same fact....
Sanjay Vs. State of Uttar Pradesh (U.P.).
Court: Allahabad
Decided on: Aug-02-2010
1. 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 applicant, learned A.G.A. for the State and perused the record. 3. Learned counsel for the applicant pointed out that according to the averments of the F.I.R., the applicant 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 applicant 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 fire and all of them died silently at one Takhat. It is also submitted that the postmortem reports of the deceased persons show the presence of supe...
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