Madhya Pradesh Court February 1953 Judgments
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iqbal Ahmed Vs. State of Bhopal
Court: Madhya Pradesh
Decided on: Feb-23-1953
Reported in: 1954CriLJ602
ORDERSathaye, J.C.1. This is an application under Article 226 of the Constitution for issue of (a) a writ in the nature of habeas corpus to the State directing it to produce the person of the petitioner's brother Izhar Ahmed Khan alleged to have been illegally arrested and detained and to release him from custody; (b) a writ of certiorari declaring the order of arrest and detention to be improper, illegal, inoperative and void and (c) to issue such orders or directions as may be required for the enforcement of Izhar Ahmed Khan's fundamental rights under the Constitution.2. The petitioner alleges that Izhar Ahmed, who is his brother, is a citizen of India, on various grounds stated in paras. (4) to (14) of the petition viz., that he was born at Bhopal and finished his education here; that his father was born at Merrut in Uttar Pradesh and died in Bhopal; that his mother was also born at the same place and was a teacher in the Girls' School at Bhopal and resides here; that Izhar Ahmed's ...
State of Vindhya Pradesh Vs. Ram Lakhan and ors.
Court: Madhya Pradesh
Decided on: Feb-21-1953
Reported in: 1953CriLJ1198
Krishnan, J.C.1. This is an appeal under Section 417, Cr.P.C. by the state of V.P. from the judgment of the learned Magistrate of Rewa acquitting the 13 respondents of the charges under Sections 353 and 379, I.P.C. Simple as are the facts of this case, this Court can conveniently indicate in this, the circumstances justifying an appeal against acquittal, the form of the order and the manner of interim attachment in a proceeding under Section 145, Cr.P.C., and the distinction between taking possession and the appointment of a receiver.2. In the village Chachai in the Beohari thana the landlord Lal Jagat Narayan Pratap Singh has mahua groves popularly called mahuaries. The only appropriate act of possession over the land is the collection of flowers from about the last week of March till about the beginning of May. In the season of 1951 these trees were in possession of some of the respondents as tenants; this at any rate has been found in the proceeding under Section 145, Cr.P.C. of whi...
ShivnaraIn Vs. State
Court: Madhya Pradesh
Decided on: Feb-18-1953
Reported in: 1955CriLJ1359
ORDERChaturvedi, J.1. This is a revision petition by one Shivnarain who was challaned along with eight other persons Under Section 366, I.P.C. in the Court of Additional District Magistrate, Shajapur. During the course of proceedings, the learned Magistrate came to the conclusion that an offence Under Section 366 is not made out. The learned Magistrate framed the charge Under Section 494/114, I.P.C. against Shivnarain, petitioner, but discharged the other eight accused.2. Shivnarain filed an application in revision-to the Sessions Judge, Shajapur, who dismissed it The petitioner, Shivnarain, now has oame to this Court and wants me to revise the order passed.3. The Courts below have obviously overlooked the provisions laid down in Section 198, Cr.PC to the effect that a Court cannot take cogni zance of an offence Under Section 494, I.P.C. except upon a complaint made by some persons aggrieved by such offence. In a recent case - 'Shrinivasa Aiyar v. Saraswathi Animal' : AIR1952Mad193 , a...
Kandhai S/O Manfer and ors. Vs. the State of V.P.
Court: Madhya Pradesh
Decided on: Feb-14-1953
Reported in: 1953CriLJ1193
Krishnan, J.C.1. The appellants have been convicted under Sections 302 and 34, IPC and sentenced to transportation for life, and a fine of Rs. 50/- with R.I. for three months in default, for murder of Bazi Panka a village ojha. Besides the facts which are simple, the case involves questions of law about the caution to be observed in recording a confession under Section 164, Cr.P.C. about the value of a plea of guilty before the committing Magistrate which is subsequently retracted before the Sessions Judge, the weight to be attached to the evidence of an eye-witness who does not interfere or raise a hue and cry at the sight of the murder, and the manner in which investigating officers should record the statements of the witnesses.2. Two of the appellants Kandhai Teli and Dadu Teli son of Ram Ratan belong to village Atraila and the third, Dadu son of Shivadhari belongs to the adjoining village Shahpur both in thana Waidhan. At a short distance from those villages, there lived one Bazi P...
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