Chhattisgarh Court February 2004 Judgments
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Faruk Khan Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Feb-26-2004
Reported in: 2004(4)MPHT37(CG)
ORDERK.H.N. Kuranga, J.1. Since these two petitions namely Misc. Criminal Case No. 3084 of 2003 and Misc. Criminal Case No. 236 of 2004 filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') by applicants -Faruk Khan and Shital Chandra arise out of Crime No. 334 of 2003 registered in BALCO Nagar Police Station for the offences punishable under Sections 147,323,333,342,353 and 506 read with Section 149 of the Indian Penal Code, they are disposed of by this common order.2. The applicants are two of the accused persons in the said case. It is submitted that there are seven accused in the said case including the applicants.3. The said case was registered on the complaint filed by Shiv Govind Choubey, a Police Constable attached to BALCO Nagar Police Station, stating that he was working in BALCO Nagar Police Station and on 15-10-2003 he along with R. Sanjeet Jha, another Constable, went to BALCO Town for night patrolling duty. At about 12.30 in the...
Mohitram Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Feb-17-2004
Reported in: 2004(3)MPHT22(CG)
ORDERL.C. Bhadoo, J.1. The accused/applicant namely Mohitram has preferred this application under Section 439 of the Cr.PC for releasing him on bail during trial.2. The prosecution case, in brief, necessary for the disposal of this application is that deceased Matibai was married to the accused/applicant one year before the incident. On 12-2-2003 at about 11 a.m. Matibai committed suicide along with her 25 days son Manish by consuming poisonous substance. The accused/applicant gave merg intimation to the Police Station, Jarhagaon that today in the morning at about 7 a.m. he went to his agriculture field. His mother and father also went to the agriculture field. Only Matibai and his 25 days old son were at the residence. At about 11 a.m. his nephew Phulesh came to the field and informed him that his wife was not well and froth was coming out from her mouth. On hearing this he immediately rushed to the village where he found his wife dead and lying on the cot. On receiving this report po...
Smt. P. Kavita Murthy Vs. P. Venkata Raman Murthy
Court: Chhattisgarh
Decided on: Feb-17-2004
Reported in: 2004CriLJ3166; 2004(2)MPHT87(CG)
ORDERFakhruddin, J.1. Heard.2. The petitioner has filed this petition under Section 482 of Code of Criminal Procedure against the order dated 21-5-2003 passed by the learned 4th Additional Sessions Judge, Raipur arising out of the order passed by the Judicial Magistrate First Class, Raipur dated 12-2-2002 in Criminal Case No. 43/2001.3. Briefly stated the facts are that the petitioner and the respondent were married on 3-11-1995 at Raipur. They lived together for some times, thereafter they are living separately since 3-12-1997. An application under Section 125 of the Cr.P.C. was filed by the applicant/wife on 1st June, 1998, which was decided on 24-12-1998. In the application the maintenance was claimed for Rs. 1500/- per month. This claim was contested by the respondent. The learned Magistrate considered the matter and came to the conclusion that the wife has no means and has been neglected, as such she was granted Rs. 500/- per month from the date of order as maintenance. Paras 17, ...
Ajit Pramod Kumar Jogi Vs. Union of India (Uoi) and ors.
Court: Chhattisgarh
Decided on: Feb-06-2004
Reported in: 2004CriLJ3304
L.C. Bhadoo, J.1. The petitioner who is the Ex. Chief Minister of the State of Chhattisgarh has preferred this writ petition under Articles 226/227 of the Constitution of India whereby he has challenged the legality, correctness and authenticity of registration of F.I.R. R.C. 7(A)/2003 dated 9-12-2003 for the commission of the offences under Sections 7, 12, 13(l)(d), 13(2) and 15 of the Prevention of Corruption Art, 1988 and under Section 120B and Section 34 of the Indian Penal Code and for quashing of the same on the ground that the same does not disclose any cognizable offence warranting further inquiry and investigation.2. Brief facts giving rise to filing of this petition are that the general elections for the Legislative Assembly of the State of Chhattisgarh was held on 1st December, 2003 and the results of the same were declared on 4th December, 2003. The petitioner at the relevant time was the Chief Minister and till the new Chief Minister was sworn in on 7th December, 2003 the ...
Shiv Kumar Yadav Vs. Smt. Santoshi Yadav
Court: Chhattisgarh
Decided on: Feb-04-2004
Reported in: 2004(2)MPHT61(CG)
ORDERL.C. Bhadoo, J.1. The petitioner has preferred this revision under Section 397 read with Section 401 of the Cr.PC, 1973, being aggrieved by the order dated 18-10-2003 passed by the 3rd Additional District and Sessions Judge (FTC), Bemetara whereby he reversed the order dated 8-1-99 passed by the Judicial Magistrate, First Class, Bemetara, in Misc. Criminal Case No. 20/1997 whereby the learned Judicial Magistrate rejected the application of respondent Smt. Santoshi Bai filed under Section 125 of the Cr.PC for grant of maintenance.2. Brief facts leading to filing of this revision petition are that the marriage of the petitioner and respondent (hereinafter Shiv Kumar Yadav -husband will be referred as petitioner and wife Santoshi Bai will be referred as respondent) was solemnized one and half year before the filing of the application under Section 125 of the Cr.PC by respondent on 6-9-1996, After two months of the marriage Gauna ceremony took place and the petitioner took the respond...
Ku. Anjum Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Feb-03-2004
Reported in: 2004(3)MPHT16(CG)
ORDERL.C. Bhadoo, J.1. The petitioner has preferred this writ petition under Articles 226/227 of the Constitution of India whereby she has challenged the validity, propriety, legality and correctness of the action of respondent Nos. 1 to 3 in not admitting her in the first year of the MBBS Course.2. Brief facts giving rise to this petition are that the petitioner appeared in the Pre-Medical Test held 5/6th June, 2003. The petitioner secured 127th Rank in the merit list. The petitioner belongs to unreserved category. The mark-sheet of the petitioner is Annexure P-2. Respondent No. 2 called the successful candidates for counselling on 24th and 25th September, 2003. Apart from other seats some payment seats were reserved for each category of the candidates. Fifteen seats for unreserved open category and 8 seats for unreserved women category were also reserved. The petitioner was also invited for the counselling on 24th September, 2003 at 9 a.m. in the Chhattisgarh Institute of Medical Sci...
indulal Nishad Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Feb-03-2004
Reported in: AIR2004Chh33; 2004(3)MPHT1(CG)
ORDERL.C. Bhadoo, J. 1. By this writ petition filed under Articles 226/227 of the Constitution of India the petitioner who was the President of Chhattisgarh State Co-operative Fish Federation (hereinafter referred to as 'Fish Federation') has questioned the order dated 23-12-2003 (Annexure P-5) on the ground that the impugned order is arbitrary, illegal and contrary to the law and the same being without jurisdiction with mala fide intention and in a colourable exercise of power whereby the Registrar Co-operative Societies under Sub-section (13) of Section 53 of the Chhattisgarh Co-operative Societies Act, 1960 in partial modification of the earlier order dated 10-7-2003 appointed Shri N.L. Tandon, Deputy Registrar, Co-operative Societies as officer-in-charge in place of the Board of Directors.2. Brief facts giving rise to filing of this petition are that on reorganisation of the State of Madhya Pradesh, a new State of Chhattisgarh was carved out of the State of Madhya Pradesh and the n...
Panchu Ram Deshmukh Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Feb-03-2004
Reported in: 2004(2)MPHT8(CG)
ORDERL.C. Bhadoo, J.1. The petitioner has preferred this writ petition under Article 226/227 of the Constitution of India whereby the petitioner has challenged the order dated 27-12-2003 passed by the Deputy Excise Commissioner, Raipur whereby the Deputy Excise Commissioner clarified and modified the order dated 17-7-2003 (Annexure P-3) passed by the Collector (Excise) District Durg mentioning therein that in view of the Clause (a) of Sub-rule (6) of Rule 8 of the Chhattisgarh Foreign Liquor Rules, 1996 (hereinafter referred as 'Rules 1996'), the F.L. 3 licence holders are entitled to take liquor from any of the three shops of F.L. 1 mentioned at Item Nos. 20 and 21 of the Collector's order (Annexure P-3).2. The brief facts giving rise to filing of this petition are that the petitioner herein is a licence holder of F.L. 1 at Jharandalli of Dallirajhara Group for the year 2003-2004 up to 31st March, 2004, whereas the respondent No. 5 is also a holder of F.L. 1 licence of Dodilohara shop...
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