Madhya Pradesh Court August 1952 Judgments
Baijnath and ors. Vs. the State
Court: Madhya Pradesh
Decided on: Aug-29-1952
Reported in: 1953CriLJ1389
ORDERDixit, J.1. The applicants before me were tried by the Sub-Divisional Magistrate, Picher of an offence under Section 46(1), 'Ayat Niryat Kar Vidhan' (Import Export Taxation Act.) and found guilty. They were each sentenced to imprisonment till the rising of the Court and to a fine of Rs. 50/-. The learned Magistrate also passed an order confiscating to the State the carts said to have been employed by the applicant in the commission of the offence. In appeal the learned Sessions Judge of Guna affirmed the convictions and sentences but set aside the order of the trial Magistrate with regard to the forfeiture of the carts. The applicants have now come up in revision to this Court.2. The charge against the applicants was that on the morning of 20.12.50 they exported from village Nand Pura in Madhya Bharat to Jhansi in Uttar Pradesh in four carts 47 maunds and nine seers of Tilli and one maund of Urad without a permit in that behalf from the competent authority and thus contravened Not...
Tag this Judgment!The State Vs. NaraIn Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1952
Reported in: 1953CriLJ1381
1. The respondents were convicted by the First Class Magistrate of Kurwai of an offence under Section 7, Essential Supplies (Temporary Powers) Act, 1946 and sentenced to six months' rigorous imprisonment and to pay a fine of Rs. 50/- each. In appeal the learned Sessions Judge of Shajapur set aside the convictions and sentences and acquitted the accused persons. This appeal is directed against the order of acquittal passed by the Sessions Judge, Shajapur.2. The charge against the respondents was that on the night of 12.12.1950 at about 2 a.m. the respondents exported without a permit wheat and jwar in a cart to Central Provinces and thus contravened Notification No. 14 published in the Gazette dated 16.12.50 and issued by the Director of Food and Supplies under the Food Grains Export Restriction Order, Samvat, 2005, which is an order issued under Section 3, Essential Supplies (Temporary Powers) Act.This appeal is devoid of any force. From the evidence of the prosecution witnesses themse...
Tag this Judgment!The State Vs. Karan Singh Gujar
Court: Madhya Pradesh
Decided on: Aug-27-1952
Reported in: 1953CriLJ1189
Dixit, J.1. This is an appeal from the decision of the Additional District Magistrate Guna acquitting the respondent Karan Singh of an offence under Section 215, I.P.C.2. It was alleged by the prosecution that on 4.10.50 a report was lodged with the police by Godi and Bhallu that on 30.9.50 their twelve beefalos had strayed from a jungle where they had been taken for grazing that some two or three days after this report the respondent Karan Singh met Godi and Bhallu in a jungle and promised them to trace the buffaloes on a payment of Rs. 600/-. It is said that accordingly after about ten or eleven days Karan Singh took Godi and Bhallu to a place in the jungle at about 3 in the morning and leaving the complainant at this place, he went away and returned shortly afterwards with two buffaloes and took from Godi and Bhallu Rs. 600/- and that after the receipt of this amount, he again went away and returned with the remaining buffaloes. The learned Magistrate acquitted the accused on the gr...
Tag this Judgment!Ram Kripal Vs. Ganesh Prasad
Court: Madhya Pradesh
Decided on: Aug-25-1952
Reported in: 1953CriLJ66
ORDERKrishnan, C.J.1. This is a reference by the learned S.J. Rewa on a revision application from an incidental order by the learned Magistrate of Teonthar in regard to properties attached in a proceeding under Section 145 Cr.P.C. which was, however, dropped under Clause (5) of that section. Though this case is by itself unimportant, the general principles for guidance of the Magistrate can be conveniently laid down here.2. Ganesh Prasad, non-applicant opposite party, alleged in a petition before the Magistrate that he was in possession of the properties in this proceeding, and that the other party, the applicants Ram Kripal Ram and others, were trying to break the peace and disturb his possession. The Magistrate had the matter inquired into by the police, who reported that there was a dispute about these lands likely to result in breach of the peace, & further that Ganesh Prasad was still in possession. In view of the imminent fear of the breach of the peace the police suggested that ...
Tag this Judgment!Pannalal and anr. Vs. the State
Court: Madhya Pradesh
Decided on: Aug-25-1952
Reported in: 1953CriLJ605
ORDERDixit, J.1. The applicants Panna Lal and Bishan Dayal have been convicted by the Additional District Magistrate of Guna for an offence under Section 7(1), Essential Supplies (Temporary Powers) Act, 1946 and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 500 each. The learned Sessions judge of Guna maintained the conviction and sentence in an appeal preferred by the accused persons against their convictions and sentences.2 The charge against the applicants was that on 30.1.51, they sold to one Ram Narayan a pair of dhoti for Rs. 16/- that is, in excess of the control price Rs. 13.2.9 and thus contravened the provisions of Clause 15, Madhya Bharat Cotton Textile (Control) Order, 1048, issued under the Essential Supplies (Temporary Powers) Act of 1946.3 The main contention of Mr. Dey the Learned counsel appearing on behalf of the applicants is that in this case the fact that the control price of the dhoti alleged to have been sold by the applicant was...
Tag this Judgment!Chaturbhuj Vs. Bhojamal
Court: Madhya Pradesh
Decided on: Aug-23-1952
Reported in: 1953CriLJ596
ORDERKrishnan, J.C.1. On a revision application before him the learned S.J., Datia has made this reference recommending that the criminal proceedings against the applicant Chaturbhuj 'alias' Chaturesh, Executive Officer of the Datia Municipality, should be quashed as they have been started without government sanction Under Section 197 of the Cr.P.C. We have the usual questions, firstly, whether the executive officer of the Datia Municipality is a public servant of the class denned in Section 197 of the Cr.P.C. secondly, whether the alleged act in question for which the complaint has been filed was one done by the executive officer in discharge of his duties or while purporting to act as such public servant. A third point has been Introduced on behalf of the executive officer, that even if he is not entitled to the benefit of Section 197, Cr.P.C. still he should not be prosecuted for this offence without the sanction of government, because there is a Rewa law now applicable to the entir...
Tag this Judgment!State Through A.-g. Vs. Jagan Singh
Court: Madhya Pradesh
Decided on: Aug-19-1952
Reported in: 1953CriLJ74
ORDERKrishnan, J.C.1. These are five applications by the State of V.P. from orders of Magistrates granting bail to five persons. No reason has been given why these applications are being filed without the State moving the Sessions Judge. It is a recognised, and in any event a convenient principle, that where two forums have concurrent jurisdiction the lower one should be approached at the first instance, unless the party concerned gives special reasons for a direct approach to the higher, such as extreme urgency or a momentous question of general1 public policy. I find none of the special reasons here. Secondly, these applications really make out no grievance at all. Since this seems to be the first occasion of such applications being filed here, it is better to lay down at some length the general principles applicable.2. In all these cases certain persons directly appeared before the magistrate, slating that the police had not yet arrested them, but might arrest them in connection wit...
Tag this Judgment!The State Vs. Kanhiyalal and ors.
Court: Madhya Pradesh
Decided on: Aug-13-1952
Reported in: 1953CriLJ557
Dixit, J.1. This case has been referred to this Bench for decision under Section 29(a) of the Madhya Bharat High Court Act of Samvat 2005. The facts are that a challan in respect of an offence under Section 388, I.P.C. was presented against the non-applicants before the Additional District Magistrate of Gwalior. During the pendency of the committal proceedings the Magistrate was invested with Section 30 powers by a notification dated 17th May 1950 which did not contain any provision to make it retrospective and which on the other hand expressly made it effective from 1st June 1950. Thereupon the learned Magistrate instead of continuing the committal proceedings, proceeded to try the accused persons in exercise of his powers under Section 30 of the Criminal Procedure Code. An objection was then taken by the prosecution that as the notification investing the Magistrate with Section 30 powers was not retrospective the Magistrate had jurisdiction either to commit the accused to the Court o...
Tag this Judgment!Purshottam Vijaya and ors. Vs. Dilipsinghji and anr.
Court: Madhya Pradesh
Decided on: Aug-06-1952
Reported in: 1953CriLJ1718
ORDERShinde, C.J.1. This is a reference by the Sessions Judge, Indore under Section 438, Criminal P.C. The short facts which have given rise to this reference are as follows : His Highness the Raja of Sailana Shree Dilipsinghji filed a complaint under Section 500, Penal Code, against Shree Motilal Potdar, Shree Purshottam Vijaya, Shree Krishnakant Vyas and Shree C.M. Shah in the Court of the Additional District Magistrate, Indore. Along with the complaint Shree Dilipsinghji also filed an application stating that the complainant was the ruling chief of Sailana State before the merger of the State into Madhya Bharat, and as such his privileges have been guaranteed under Article 13 of the Covenant; the complainant therefore should be exempted from personal attendance in Court. This application was granted by the Court 'ex parte'. On 14.7.1951 the accused as summoned presented themselves in Court. Purshottam Vijaya accused 2 submitted an application and contended that according to, law the...
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