Madhya Pradesh Court January 1949 Judgments
Lateef Ahamad S/O Faiz Mohammad Vs. State
Court: Madhya Pradesh
Decided on: Jan-15-1949
Reported in: AIR1950MP34; 1950CriLJ902
Sanghi, J.1. On 24th December 1948, the petitioner Latif Ahamad made an application, to 'this Court alleging that the five person named therein were his relations and that they had been arrested in Indore by the Assistant City Superintendent of Police that day, that the arrests and their detention in custody were illegal and they should, therefore, Under Section 491, Criminal P.C., be set at liberty. The detenus named in the petition had in fact been under detention under the Maintenance of Public Order Ordinance, V [5] of 1948, since September 1948, and had been ordered to be released by an order of this Court. They were released from custody on 24th December 1948, and were arrested immediately thereafter.2. The petition was heard on 11th January 1943. The Public Prosecutor appearing for the State produced four documents but did not file any statement in writing explaining their use to meat the petitioner's case. The first document is an affidavit made by Mr. Gappoolal. Assistant Oity...
Tag this Judgment!Mohammad Zahural Huque Vs. State
Court: Madhya Pradesh
Decided on: Jan-08-1949
Reported in: AIR1950MP17; 1950CriLJ731
Sanghi, J.1. The petitioner came to Indore from West Pakistan on 4th September 1948, under a permit issued by the Deputy High Commissioner for India in West Pakistan under Ordinance No. 17 of 1948 made by the Governor-General of India Under Section 42, Government of India Act, 1935. In the permit the duration of the visit to India is stated to be for a period of six weeks. The applicant, sot having left Indore on the expiry of the six weeks, was arrested on 6th November 1948, by the Sub-Inspector of Police in charge Sadar Bazar Police Station House in the city of Indore for having contravened the provisions of Section 8 of the Ordinance. On the following day, he was produced before the District Magistrate, Indore City who ordered his release on bail. The District Magistrate is awaiting the police challan. On 9th December 1948, the petitioner made a petition to this Court Under Section 491, Criminal P.C. alleging that his arrest was illegal and that bis bail should be cancelled. He alle...
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