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Madhya Pradesh Gwalior Court July 2011 Judgments

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Jul 29 2011

Dushyant Vs. State of Madhya Pradesh

Court: Madhya Pradesh Gwalior

Decided on: Jul-29-2011

(1) This revision petition preferred under Section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 2/6/11 passed in Criminal Appeal No.197/11, by the Sessions Judge, Guna (M.P.), rejecting thereby an application of the petitioner-accused seeking his release on bail under Section 12 of the Juvenile Justice (Care and Protection of Children), Act, 2000. (2) Facts of the case, as borne out from the record of the case are that on 20/4/11, accused-petitioner accompanied with his sister, namely, Priya and one other co-accused Chandrapal committed murder of Varun by inflicting him knife and Gandasa blows. It is alleged by the prosecution that the sister of the accused-petitioner fell in love with deceased but on account of her different caste, the deceased refused her to marry, which resulted into his death. The accused was arrested and brought before the Juvenile Board. He submitted an application for bail which was rejected vide order dated 18/5/11. Being ag...


Jul 28 2011

Ramu Vs. State of Madhya Pradesh

Court: Madhya Pradesh Gwalior

Decided on: Jul-28-2011

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973, preferred by the petitioner/accused is directed against Judgment dated 04 th May 2006 passed in Criminal appeal No. 75/2006 by the Additional Sessions Judge Chachoda, district Guna, setting aside thereby the Judgment dated 27 th January, 2006 passed in Criminal Case No. 411/2001 by the Judicial Magistrate First Class, Chachoda, convicting the appellant for commission of offence punishable under Section 34(A) of the M.P. Excise Act and sentencing him to suffer one year's R.I. with a fine of Rs. 500/-, and in default to suffer three months' rigorous imprisonment, while remanding the case back to the trial court for fresh trial and decision as per law. (2) In brief, the facts of the case are that on 6 th April 2000, at about 4.30 p.m., at Lambachak Badoda Road, on information from reliable sources, Manoj Mishra, the Incharge of Police Station Kumbhraj, intercepted the Jeep No. MP 08/F 1293, which was ...


Jul 28 2011

Damo Alias Damodar and Two Others Vs. State of Madhya Pradesh

Court: Madhya Pradesh Gwalior

Decided on: Jul-28-2011

1. All these four appeals are proposed to be decided by this common judgment as they all have been preferred by the convict persons in the same case against the same impugned judgment of the Trial Court dated 21 st April, 2003 in Sessions Trial Case No.24/02. 2. There are total eight convict persons who have been convicted by the Court below vide its impugned judgment, seven i.e. appellants in Criminal Appeals No.295/03,319/03 and 322/03 for offence under section 364A IPC and the eighth one namely Ramcharan ( appellant in Criminal Appeal No.374/03) for offence under section 364A read with section 109 IPC. They all have been sentenced to undergo life imprisonment and fine of Rs.1,000/- each. 3. As per the prosecution case, all the appellants, except appellant Ramcharan were members of a gang who waylaid the members of the complainant party who also were 8-9 in number when they had gone to collect fire wood in Sukhakho forest on the date of incident that took place around 5.30 p.m. on 2 ...


Jul 28 2011

Nemichand Vs. State of Madhya Pradesh

Court: Madhya Pradesh Gwalior

Decided on: Jul-28-2011

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 preferred by the petitioner/accused is directed against an order dated 6 th December 2004 passed in criminal case No. 490/2003 by the Judicial Magistrate First Class, Gwalior (M.P.), dismissing thereby the application under Section 245(2) of Cr.P.C. of the petitioner-accused for his discharge from the alleged offence, the stage of framing charge. (2) In brief, the facts of the case are that on 21 st January 1992, from the shop of petitioner situated at Gwalior Trade Fair Ground, the Food Inspector duly authorized, purchased sample of 450 gm. of ' Vital ' Pure Refined Cooking oil (Soya Oil) from open ten of 10 Kg. for the purpose of examination under Prevention of Food Adulterations Act. The sample was divided into three parts and were sealed as per Rules/Law. One sample was sent to State Food Laboratory Sagar. The Report from Public Analyist State Food Laboratory reveals that the sample contravenes ...


Jul 21 2011

State of Madhya Pradesh and Others Vs. Jagdish Prasad Yadav and Anothe ...

Court: Madhya Pradesh Gwalior

Decided on: Jul-21-2011

1. This appeal has a chequered history. Respondent No.1 is the only contesting respondent in this appeal. He alongwith respondent No.2 was appointed in the services of State of Madhya Pradesh as Lower Division Clerk on 18/6/1987. The ranking of respondent No.1 in the merit list of LDCs was higher to respondent No.2. Respondent No.1 was at serial number 5 and respondent No.2 was at serial number 10 in the select list of LDCs, pursuant to which, they were appointed vide order dated 18/6/1987. In due course of time, both respondent No.1 and respondent No.2 were promoted as Assistant Grade II (UDC) vide order dated 18/3/1992. Thereafter, respondent No.1 was promoted as Assistant Inspector ( Handloom ) on ad hoc basis vide order dated 6/4/1995 and shortly thereafter, respondent No.2 was promoted as Accountant on 15/11/1996. The pay-scale of the post of Assistant Inspector ( Handloom ) was lower than the pay-scale attached to the post of Assistant Grade II (UDC). Respondent No.1 was not will...


Jul 13 2011

Govind Vs. State of Madhya Pradesh

Court: Madhya Pradesh Gwalior

Decided on: Jul-13-2011

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 13 th May 2011 in Criminal Revision No. 21/2011 passed by the Fourth Additional Sessions Judge (Fast Track) Guna, M.P. allowing thereby the revision filed by the State of Madhya Pradesh while setting aside the order passed in Criminal Case No.217/10 dated 23/11/10 of the Judicial Magistrate First Class, Guna and remanding the case to that court for redetermine the age of the accused after following the procedure laid down in Rule 12(3) of the Juvenile Justice (Care and Protection) Act, 2007. (2) The facts necessary for the disposal of this petition are that a Crime No.217/10 was registered against the accused-petitioner Govind for commission of offence punishable under Sections 302, 452, 147, 148, 149, 323, 324 and 325 of I.P.C. by police station Dharnabda for causing death of one Hukum Singh and injuring persons namely, Geetabai, Ramjane, Bana Sahab Madurn on 22 n...


Jul 08 2011

Asif Saied Vs. Smt. S.M. Unnissan Rana and Others

Court: Madhya Pradesh Gwalior

Decided on: Jul-08-2011

(1) This revision petition under Section 397/401 of the Code of Criminal Procedure,1973 has been preferred against an order dated 2 nd March 2010, passed in Criminal Revision No. 121/2009 (Smt. S.M. Unnissa @ Rana and others v. Asif Saied) by the First Additional Sessions Judge Vidisha (M.P.), modifying thereby the Award dated 13 th April 2009 passed in Criminal Case No. 08/2007 by the Court of Judicial Magistrate First Class, Kurwai, district Vidisha and enhancing the monthly maintenance amount from Rs. 2000/- to Rs. 3000/- to the respondent No.1 Smt. S.M.Unnissa and from Rs. 500/- to Rs.1000/- to respondent No. 3 Baby Bushra. However, the maintenance amount awarded to respondent No.2 Baby Madiha was not disturbed. (2) The brief facts just for the decision of this revision petition are that the petitioner was married to Smt. S.M. Unnissa @ Rana and Babies Madiha and Bushra were born out of their wedlock. After sometime of marriage, due to unfortunate events, respondent No.1 S.M. Unnis...


Jul 05 2011

Shrimati Neena Chopra Vs. Mahendra Singh Vaishya and Another

Court: Madhya Pradesh Gwalior

Decided on: Jul-05-2011

1. This petition under section 482 of the Code of Criminal Procedure,1973 filed by the petitioner seeks quashing of Complaint Case No.4668/08 instituted against her by respondent No.1 for offence under section 138 of the Negotiable Instruments Act, 1881 ( “NI Act” for brevity). 2. A legal question that calls for an answer in this petition is whether the legal heirs of the signatory to the cheque are criminally liable to be proceeded against for offence under section 138 of NI Act. 3. Briefly stated, the facts giving rise to the above legal question are that a complaint under section 138 of the NI Act was filed by respondent No.1on accusations against the petitioner that her mother late Shrimati Rajmadanlal had issued a cheque bearing No.133091 dated 20/12/2007 for an amount of Rs.7,40,000/- in consideration of repayment of loan. It was alleged that the said cheque, when presented for encashment by respondent No.1 in his Bank, was returned unpaid on account of “insuffi...


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