Madhya Pradesh Court November 1953 Judgments
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Sunderlal Bhagaji Vs. State
Court: Madhya Pradesh
Decided on: Nov-25-1953
Reported in: 1954CriLJ1169
ORDERSamvatsar, J.1. The accused Sunderlal was a driver plying the passenger motor vehicle No. M. B. K. 1188 from Double Choki to Indore, on 9-11-1951. The vehicle left Double Choki on the aforesaid date at about 7-30 P. M. for going to Indore with about 8 or 10 passengers. The vehicle dashed against a culvert which is at a distance of 7 miles and 144 ft. from Indore and was upset down.Two passengers P. W. Ramprashad and P.W. Bholaram received injuries in this incident. Both of them lodged separate reports at the Khudel Police Station. P. W. Bholaram lodged his report Immediately after the occurrence and it is exhibited as D/1. P. W. Ramprashad wrote a letter to the Police Officer Khudel on 11-11-1951 which is exhibited as P/1. The separate prosecutions were launched by the Police Khudel before the Sub Divisional Magistrate First Class Indore. One of these being Criminal Case No. 875 of 1951 was based on the report D/1 given by P.W. Bholaram. The accused in this case was prosecuted for...
Ganesh Ram Vs. Ghudia
Court: Madhya Pradesh
Decided on: Nov-23-1953
Reported in: 1954CriLJ623
ORDERSathaye, J.C.1. One Ganeshram was being tried for an offence under Section 403, Indian Penal Code on a complaint by one Battu applicant in the Court of the Munsiff-Magistrate Second Class, Nasrullahganj. On 29-10-52 Battu complainant was absent and one Ghudia alias Ghudmal son of Chudaman filed an application and affidavit that Battu was ill. Ganeshram accused filed an application on the same day that the affidavit was false and that Battu was not ill on that date and action be taken against Ghudia, The Magistrate rejected the application merely on the ground that the application did not state the provision of law under which the application was filed. Ganeshram then filed a revision petition to the Sessions Court, to set aside the order and the learned Additional Sessions Judge has referred the case, under Section 438, Criminal P. C., recommending that the order be set aside and the Magistrate be asked to give the findings on the points framed by him according to the provisions o...
Vidhyaram and ors. Vs. Samaram
Court: Madhya Pradesh
Decided on: Nov-20-1953
Reported in: 1954CriLJ560
ORDERDixit, J.1. The facts of this reference made by the learned Sessions Judge of Bhind are that Samaram commenced proceedings under Section 145, Criminal P. C. against Vidhyaram and some other persons in the Court of Sub-Divisional Magistrate Mehgaon. In those proceedings the Sub-Divisional Magistrate ordered the delivery of a crop which had been attached to Samaram, Against this order Vidhyaram presented a revision petition before the District Magistrate Bhind. The learned District Magistrate transferred the revision petition to the Additional District Magistrate Bhind for disposal according to law. The Additional District Magistrate rejected the revision petition after hearing the parties. The disposal of the revision petition by the Additional District Magistrate came to the notice of the learned Sessions Judge of Bhind during the course of his inspection. He has now made this reference for setting aside the decision of the Additional District Magistrate Bhind on the ground that u...
The State of Bhopal Vs. Wahid Khan and anr.
Court: Madhya Pradesh
Decided on: Nov-16-1953
Reported in: 1954CriLJ394
ORDERSathaye, J.C.1. Sayeed Khan accused was tried for an offence of criminal trespass under Section 447, Penal Code by the Magistrate Second Class, Sehore, but by the time the judgment, convicting and sentencing him to pay a fine of Rs. 50/-, was delivered, the Magistrate was invested with powers of a Magistrate First Class and the judgment was passed by him as such. Sayeed Khan went up in appeal to the District Magistrate against the conviction and the latter set aside it and the sentence and acquitted him.2. The matter is now referred to this Court for orders. The parties to the case were noticed and only the complainant turned up. The point for determination is whether an appeal lay to the District Magistrate or to the Sessions Judge.3. The relevant portion of Section 407, Criminal P. C. Is as follows:Any person convicted on a trial held by any Magistrate of the Second or Third Class.... may appeal to the District Magistrate.and the relevant portion of Section 413, Criminal P. C. i...
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