Chhattisgarh Court December 2014 Judgments
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Amarvati Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Dec-23-2014
Prashant Kumar Mishra, J. 1. The petitioner is aggrieved by the order (Annexure-P/1) passed by the Collector, Balrampur-Ramanujganj dismissing her reference under Section 21(4) of the Panchayat Raj Adhiniyam, 1993 (henceforth 'the Adhiniyam'), which in turn was preferred challenging the resolution of the Gram Panchayat dated 12.3.2014 wherein the motion of no confidence was carried against the petitioner and she has been ousted from the office of Sarpanch of Gram Panchayat, Mahewa. 2. The concerned Gram Panchayat consists of 13 office bearers including the Sarpanch. 10 Panchas moved an application before the prescribed authority on 24.2.2014 intending to bring a motion of no confidence against the petitioner. The prescribed authority issued a notice dated 28.2.2014 (Annexure-P/5) appointing Naib Tehsildar, Wadrafnagar as Presiding Officer for convening the meeting of the Gram Panchayat for considering the motion. The meeting was convened on 12.3.2014 wherein 11 Panchas were present and...
Ankit Patel Vs. The State of Chhattisgarh
Court: Chhattisgarh
Decided on: Dec-22-2014
1. Invoking jurisdiction of this court under Section 439 of Cr.P.C., the applicant herein has filed this application for grant of regular bail to him who has been arrested in connection with Crime No.317/2014 registered at Police Station, Chakradhar Nagar, District Raigarh, for the offence punishable under Section 306/34 of IPC and Section 4 of CG Shaikshanik Sansthaon Me Pratara (Ragging) Ka Pratishedh Adhiniyam, 2001 (for short, Adhiniyam, 2001). 2. Case of prosecution, in brief, is that, Nishant Upadhyay a student of MBBS first year studying in Late Lakhiram Agrawal Memorial Medical College, Raigarh, on 08.11.2014 at 4:30 PM in the hostel (Room No. 208 IInd Floor) being run by said college bolted the room and committed suicide by hanging himself out of humiliation and insult on account of ragging done by the present applicant and one coaccused Hiramani Patel within the meaning of Section 2(a) of the Adhiniyam, 2001, and thereby committed the aforesaid offences. 3. Shri Upendra Nath ...
Deepak Sidar Vs. State of Chhattisgarh and Another
Court: Chhattisgarh
Decided on: Dec-18-2014
1. The petitioner has preferred this writ petition seeking quashment of the criminal proceeding in which he was tried for committing offence under Sections 457 and 380 of the IPC. 2. Facts of the case, briefly stated, are that in the intervening night of December, 2010, the petitioner along with other accused persons committed house trespass with intent to commit offence punishable with imprisonment and thereafter committed theft in the shop of complainant Laxman Prasad Baraith and took away one computer set of Epson company, another computer of HP, 20 numbers of G-5 Nokia mobile, one Sansung mobile, 10 numbers of memory card, one TV Tuner, one battery charger, one Nikon camera and mobile spare parts. The informant was informed by one Girdhar Baraith at about 5.30 am on 2.12.2010 that someone has committed theft in his shop by opening the lock by using gas cutter. 3. After completing investigation, charge sheet was filed against the petitioner and 2 other accused persons namely, Avina...
Vishnu Prasad Vaishnav Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Dec-17-2014
(1) The central legal issue that falls for consideration in this petition is whether the Magistrate has jurisdiction under Section 457 of the Code of Criminal Procedure to grant custody of vehicle seized for violation of an order made in exercise of power conferred by Section 3 of the Essential Commodities Act, 1955 ? (2) The petitioner is registered owner of four wheeler bearing registration No. CG-04-J.D.-2238. The said vehicle has been seized by the Police Station Karora, District Raipur in connection with Crime No. 298/13 for commission of offence punishable under Section 379 of the Indian Penal Code read with Section 3 and 7 of the Essential Commodities Act, 1955 (henceforth EC Act, 1955) as the said vehicle was found involved in transporting the rice reserved for the poor and needy people under the Public Distribution System. (3) The petitioner, being the registered owner of the vehicle, made an application under Section 457 of the Code of Criminal Procedure (henceforth the Code...
Preetam Pathak Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Dec-17-2014
1. The short question falling for consideration is whether applicant/juvenile can maintain application for grant of anticipatory bail under Section 438 of Cr.P.C. 2. Invoking jurisdiction of this court under Section 438 of Cr.P.C., the applicant herein has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.195/2014 registered at Police Station, Baikunthpur, District Korea, for the offence punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act. 3. At the outset, learned counsel appearing for the State would submit that applicant herein is admittedly a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the Act, 2000), and therefore, the provisions contained in Section 438 of Cr.P.C. would not be applicable in the present case and remedy available to the applicant would be to appear before the Juvenile Justi...
G.S. Rahi Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Dec-17-2014
1. The instant writ petition under Article 226 of the Constitution of India seeks quashment of the criminal proceedings under FIR No./Crime No.39/2012 registered at Police Station Jashpur, District Jashpurnagar against the petitioner and 5 other accused persons for offences under Sections 420 and 409/34 of the IPC. 2. Allegations against the accused persons, as appearing in the FIR lodged by the Project Administrator, Integrated Tribal Development Project, District Jashpur, are that the Executive Engineer, Rural Engineering Service, Division Jashpur was appointed as executing agency for the construction of culvert at village Salhekera Block, Jashpurnagar and was allotted Rs.49.05 lakhs for the said construction work. On direction of Collector, Jashpur, a joint inspection team consisting of Executive Engineer, PWD, Jashpur; Executive Engineer, Water Resources Department, Jashpur and Executive Engineer, PMGSY, Jashpur was constituted for inspection/enquiry of the work executed. The repor...
Ratanlal Agrawal Vs. Sunil Sarawgi and Another
Court: Chhattisgarh
Decided on: Dec-12-2014
1. This criminal appeal under Section 341 CrPC was earlier filed as criminal revision under Section 397 read with Section 401 of the CrPC. However, subsequently appellant's application for conversion of revision into an appeal was allowed and it was re-registered as criminal appeal. 2. Challenge in this appeal is to the order dated 23.5.2000 passed by the Additional Sessions Judge and Special Judge under the SC/ST (Prevention of Atrocities) Act, 1989, Bilaspur whereby learned Court below has allowed the application filed by respondent No.1 under Section 340 CrPC and has directed the CJM, Bilaspur to file a complaint against the appellant for offence under Section 193 read with Section 195 of the IPC. Pursuant to the said order, the CJM, Bilaspur has filed the complaint on 28.6.2012. 3. Facts of the case, briefly stated, are that the appellant is an Advocate of Income Tax at Gondia (Maharashtra). His daughter was married with respondent No.1 in December, 1992. On allegation of commissio...
K.R. Yadav Vs. Rena Kangala and Others
Court: Chhattisgarh
Decided on: Dec-09-2014
(1) This is a rule against respondents No. 3 and 4/contemeners herein issued by this Court for disregarding and disobeying the order dated 4.10.2013 passed in W.P.(S) No. 2344/2013 (K.R. Yadav Vs. State of Chhattisgarh and others) under Section 12 of the Contempt of Courts Act, 1915 ( hereinafter referred to as the Act, 1915) read with Article 215 of the Constitution of India. (2) In the writ petition filed by the petitioner herein, this Court directed on 4.10.2013 that if the amount of Rs. 90,259/- forfeited from the account under Group Insurance Scheme has not been disbursed, the same shall not be disbursed during pendency of appeal and the appellate authority shall decide the appeal within the period of three months. In the said writ petition, the State of Chhattisgarh, appellate authority and the Commissioner, Directorate of Public Instructions were impleaded as party respondents. The District Education Officer and the Principal of Govt. Boys Higher Secondary School, Nariyara were ...
K.R. Yadav Vs. Rena Kangala and Others
Court: Chhattisgarh
Decided on: Dec-09-2014
(1) This is a rule against respondents No. 3 and 4/contemeners herein issued by this Court for disregarding and disobeying the order dated 4.10.2013 passed in W.P.(S) No. 2344/2013 (K.R. Yadav Vs. State of Chhattisgarh and others) under Section 12 of the Contempt of Courts Act, 1915 ( hereinafter referred to as the Act, 1915) read with Article 215 of the Constitution of India. (2) In the writ petition filed by the petitioner herein, this Court directed on 4.10.2013 that if the amount of Rs. 90,259/- forfeited from the account under Group Insurance Scheme has not been disbursed, the same shall not be disbursed during pendency of appeal and the appellate authority shall decide the appeal within the period of three months. In the said writ petition, the State of Chhattisgarh, appellate authority and the Commissioner, Directorate of Public Instructions were impleaded as party respondents. The District Education Officer and the Principal of Govt. Boys Higher Secondary School, Nariyara were ...
Employeesâ Provident Fund Organisation Vs. M/s. Raipur Developmen ...
Court: Chhattisgarh
Decided on: Dec-05-2014
(1) The climactic issue that falls for consideration in this writ petition is whether Raipur Development Authority-Respondent herein is exempted from the provisions contained in Employees Provident Fund and Miscellaneous Provisions Act, 1952 by virtue of Section 16(1)(c) of that Act ? (2) Employees Provident Fund Organization established under the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (henceforth the EPF Act,1952) is a petitioner herein calls in question the legality, validity and correctness of the impugned order dated 09.02.2010 passed by the Employees Provident Fund Appellate Tribunal, New Delhi (for short the EPF Appellate Tribunal) in Appeal No. ATA/113(8)/08 holding that by virtue of provisions contained in Section 16(1)(c) of the EPF Act, 1952 respondent- Raipur Development Authority (for short RDA) is exempted from the operation of EPF Act, 1952. (3) Imperative facts necessary for judging the legality, validity and correctness of the imp...
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