Madhya Pradesh Jabalpur Court March 2011 Judgments
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Rajendra Kumar ShuklA. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-31-2011
1. The appellant has preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by judgment dated 21.9.2006 passed by Special Judge (SC/ST Act), Mandla in Special Case No. 26/06 whereby the appellant has been convicted under section 3(1)(10) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the Act) and sentenced to R.I. for 6 months and fine of Rs. 500/- with default stipulation.2. The prosecution's case in short is that on 24.5.2006 complainant Sunderlal Choudhary (PW-4) was posted on the post of BAC at Janpad Shiksha Kendra, Mawai. At the time of incident, some residential training was going on of all the teachers. The appellant reached at the Center at about 2:30 PM and demanded attendance register from the complainant, complainant refused to give him the register, on which some hot talk took place between them. The appellant told the complainant that "Chamra saley tumhe janta hu tum kahan ke ho". The complainant felt humiliated and lodged report (Ex.P-...
Archana Singh. Vs. Veer Bhan Singh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-31-2011
1. This reference has been made by Ms. Archana Singh, Judicial Magistrate First Class, Bhopal against Sub-Inspector Veer Bhan Singh, who misbehaved with her in her duty hours and obstructed her in the course of judicial proceeding.2. The facts as unfolded from the contempt petition are as follows:-On 25.9.2010 about 4:45 P.M., when Ms. Archana Singh, Judicial Magistrate First Class, Bhopal was returning to Court from Central Jail, Bhopal, after conducting and presiding over the special bench of Lok Adalat organized in Central Jail, alongwith her staff in her car bearing registration no.UP/70-M-5959, which was having an Amber light and a plate of 'Nyayadhish', and reached near Lalghati Chouraha, Sub-Inspector Veer Bhan Singh came in front of her car and started thumping the bonnet of her car, asked the driver to get down from the car, and stopped the car at Lalghati Square. When Ms. Archana Singh, Judicial Magistrate First Class tried to alight from the car to know the reason, Sub-Inspe...
Smt. Gyan Bai, W/O Ishwar DIn Mishra, and ors. Vs. the State of Madhya ...
Court: Madhya Pradesh Jabalpur
Decided on: Mar-30-2011
1. Appellants have filed this appeal against the judgment dated 29th April, 2003 passed by Additional Sessions Judge, Umariya in Sessions Trial No.31/2002 convicting them under sections 302/34 and 201 of the Indian Penal Code and sentencing each of them to imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for 2 years with fine of Rs.1000/- on each count respectively.2. Prosecution case in short is that Archana, the deceased was married to accused Sukhnidhan in the year 1999. Accused Smt. Gyan Bai was her mother-in-law and accused Deep Narayan @ Dippoo was her Dewar. For about one year after the marriage they kept her alright, but thereafter started harassing her by abusing and taunting that they did not like her. Whenever Archana went to her parents' house she told to them her agony. About four months before the incident, which occurred on 27.6.2001, when Gyan Bai and Sukhnidhan quarrelled with Archana, her father-in- law Ishwardin called her father Dwarika Prasad....
Ramesh Ahirwar. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-30-2011
1) Since both the above appeals arise out of the common impugned judgment, this judgment shall govern the disposal of both the appeals. 2) Appellant Ramesh Ahirwar has filed this appeal against the judgment dated 8th August, 2001, passed by Special Judge/Additional Sessions Judge, Sagar in Sessions Trial No. 187/2000, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1000/-, whereas State has challenged the same judgment for acquitting accused Smt. Ramdulari. (Respondent Ramesh has wrongly been impleaded as respondent no.2.)3) According to prosecution, about three years prior to the incident which took place on 25.2.2000, accused Ramesh Ahirwar was married to Suman (deceased). Accused Ramdulari happened to be the mother-in-law of deceased. It is alleged that after marriage accused persons subjected deceased to cruelty for not bringing sufficient dowry. On 25.2.2000, Suman was admitted by her husband Mahendra in Distri...
Vinod Son of Tejram Pasi. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-30-2011
1. Appellant has filed this appeal against the judgment dated 31.10.2001, passed by II Additional Sessions Judge, Fast Track Court, Harda, in Sessions Trial No.23/1998, convicting him under Section 302, 376 and 201 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.5000/-, imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for five years with fine of Rs.1000/-, on each count, respectively. All the sentences are directed to run concurrently.2. In short the facts of the case are that appellant had illicit relations with Mamtabai, who was a widow lady. Mamtabai had three children from her former husband. As a result of illicit relations with the appellant, she conceived again. Appellant used to extend help to Mamtabai in getting treatment of her children. He used to take them to Harda, Indore etc. On 9.9.1997, appellant 2was seen carrying a two and half years old child on his shoulder near Primary School of Kulharda. After some time, d...
Kamal Tamrakar. Vs. Abdul Hakim and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-24-2011
1. There is a delay of 95 days in filing this appeal under section 173 of the Motor Vehicles Act, 1988. I.A. No. 2636/04 is an application whereby the appellant seeks condonation of delay in filing the appeal.2. It is stated in the application that the appellant handed over the file to Shri Deepak Awasthy, advocate, for filing the appeal and he was carrying impression that the appeal has been filed within time. It is urged that subsequently it was discovered that the appeal could not be filed within the time, therefore, the appellant engaged another counsel Shri Ghanshyam Pandey, who filed this appeal on 13-10-2003. It is contended that there is deliberate delay on the part of the appellant, who is very much interested in contesting the matter and the delay was beyond the control of the appellant. Though an objection has been raised on behalf of the respondent/Insurance Company who has entered appearance after notice; however, keeping in view the reasons contained in the application an...
Manoj S/O Madan Gopal Patel, and ors. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-22-2011
1. Three appellants viz. Manoj, Banti @ Purushottam and Dilip have filed appeals against the judgment dated 22nd March, 2002 passed by Additional Sessions Judge, Jabalpur in Sessions Trial No.84/2001 convicting them under sections 364A read with section 120-B, 364 read with section 120-B and 386 read with section 120-B of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/-, rigorous imprisonment for 10 years with fine of Rs.1000/- and rigorous imprisonment for 5 years with fine of Rs.1000/- on each count, respectively. State has also filed Criminal Appeal No. 1366/2005 challenging the impugned judgment of acquittal of accused/respondent Amit Kumar Patel of the aforesaid charges. Since all the aforementioned appeals arise out of the common judgment passed by the trial Court, this judgment shall govern disposal of all the said appeals. 2. In short, prosecution case is that appellant Dilip was working as driver of Dr.B.K.Panshe. He used to go to drop ...
Baddu. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-22-2011
1. This petition under Article 226/227 of the Constitution of India is directed against the order dated 09-06-2008 passed by First Additional Sessions Judge, Seoni, whereby Criminal Revision No. 7 of 2008 preferred by the petitioner has been dismissed and the order of confiscation passed by Authorised Officer-cum-Sub Divisional officer, Seoni, in Forest Offence No. 2802/04 dated 21-03- 2006 confiscating the tractor and trolly bearing Chasis No. 711188 M-3 EF 187 and affirmed in Appeal decided by Conservator of Forests/Appellate Authority, Seoni Circle, Seoni, has been upheld. Relevant facts briefly are that, on the intervening night 20-03- 2006 and 21- 03-2006 forest officers during course of patrolling at village Khursipar, South Seoni Forest Division (Territorial) apprehended tractor trolly bearing Registration No. MP-22-B/4588 carrying fresh 8 logs of Beeja wood measuring 0.811 cubic feet. Since the forest produce was being transported without any valid or authorised document, the s...
Shri Ram Mandir Trust. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-17-2011
1. By this petition under Article 226 of the Constitution of India the petitioner has sought following reliefs: (I) To quash the orders in Annexures P-9, P-7 and P-5.(II) To restrain the respondents from taking the possession of the disputed properties from the petitioner and from giving it to the respondent No.3.(III) Issue any other writ/writs, order/orders and direction/ directions as this Hon'ble Court may deems fit and proper in the facts and circumstances of this case.(IV) Award the cost of this petition."2. The petitioner Shri Ram Mandir Trust (hereinafter referred to as "the Trust") is a registered Public Trust registered under the M.P. Public Trusts Act, 1951 (hereinafter referred to as "the Act of 1951") . Before registering the Trust an application was submitted by the petitioner on 31.8.1953 for its registration (Annexure P-1) and the properties which are mentioned in the application include one "Hanuman Mandir". The said Trust was registered under the Act of 1951 vide orde...
Subrato Roy, and ors. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Mar-16-2011
(1) This order shall govern in all the above referred link cases.(2) Petitioners have prayed to quash the entire proceedings in Criminal Case No. 2021/2003 pending before the Judicial Magistrate Ist Class, Burhanpur, arising out of Crime No. 120/2000 registered by PS-City Kotwali, District-Burhanpur.(3). It is an admitted fact that Subrato Roy ( petitioner in M.Cr.C.No. 9421/2007) was posted as Incharge-Chief Engineer at Bhopal, Ram Kumar Maitra (petitioner in M.Cr.C.No.9424/2007) was also posted as Chief Engineer, Bhopal. V.K.Vaishnav (petitioner in M.Cr.C.No. 11602/07) was Executive Engineer at Regional Office, Indore, Harish Bagwaiya (petitioner in M.Cr.C.7672/08) was Assistant Engineer at Regional Office, Indore, and N.K. Jain (petitioner in M.Cr.C.No.11603/07) was Secretary of the Mandi Samiti, Burhanpur at the time of alleged incident.(4) The instant matters arise out of Resolution dated 1.10.96 passed by Krishi Upaj Mandi Samiti, Burhanpur. The Mandi Samiti resolved to construct...
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