Madhya Pradesh Court July 1952 Judgments
Ram Charan Vs. Bakhtawar Singh
Court: Madhya Pradesh
Decided on: Jul-22-1952
Reported in: 1953CriLJ641
ORDERDixit, J.1. This revision petition arises out of proceedings under Section 145, Criminal P.C. instituted in the Court of Mr. Bhargava, Second Class Magistrate Shajapur, on a complaint dated 24.7.51 of the non-applicant Bakhtawar Singh. The learned Magistrate after coming to the conclusion that a dispute likely to cause the breach of the peace existed and there was a likelihood of the breach of peace, passed an order attaching the disputed property, pending his decision under Section 145. The learned Magistrate also directed the applicant who was in possession of the property at the time of the presentation of the application to hand over the possession of the property to the non-applicant pending the final decision in the case. The applicant objected to the disturbance of his possession and also raised the objection that Mr. Bhargava being a Magistrate of the Second Class was not competent to entertain the application under Section 145, Criminal P.C. The learned Magistrate overrul...
Tag this Judgment!Kanhaiya Lal Vs. the State
Court: Madhya Pradesh
Decided on: Jul-22-1952
Reported in: 1953CriLJ1709
ORDERDixit, J.1. The applicant Kanhaiya Lal is being prosecuted in the Court of the Sub-Divisional Magistrate Susner for having contravened the provisions of the Madhya Bharat Cotton Textile Control Order of 1948 by selling on 13.1.51, 1 yard cloth to one Nanda in excess of the control price. Soon after the charge was framed, the applicant objected to his trial for the offence on the ground that the police charge sheet on the basis of which the Magistrate took cognizance of the offence is not a report by a public servant and is, therefore, not in compliance with Section 11, Essential Civil Supplies Act, 1946 under which Act the Cotton Textile Control Order was made. The objection was rejected by the trial Magistrate. The applicant then preferred a revision petition to the Sessions Judge of Shajapur raising the additional contention that the report did not contain the facts constituting the offence alleged against him and was, therefore, not in substantial compliance with the requiremen...
Tag this Judgment!Ghasi Ram Vs. State
Court: Madhya Pradesh
Decided on: Jul-01-1952
Reported in: 1952CriLJ1366
Radke, A.C.J.1. This is convict's appeal from Jail.2. The prosecution case is that one Gaffar had taken a contract of a coupe in the forest of Sarao and that the deceased AH Ahmed was looking after the coupe on his behalf. The accused was employed to prepare charcoal. On 14.12.1950 Ali Ahmed went to the coupe and found that one of the stacks of wood was not fit to be lighted for preparing charcoal. He told the accused about it who stated that there was nothing wrong with the stack of wood. This led to the exchange of hot words between them. The deceased abused him and finally assaulted him with a stick. The accused, who had an axe with him, hit the deceased with it on his head and other places as a result of which he fell down dead. The accused then took to his heels.3. Information about this was given by the witnesses to Yusuf another Hawaldar of Gaffar who went to Raisen Station House and lodged a report (Ex. P-1) which was reduced to writing by Ali Hussain Sub Inspector (P.W. 1). He...
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