Madhya Pradesh Court December 2011 Judgments

Sunil Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Reported in: 2012CrLJ334(NOC)

1. Petitioner has filed the present revision petition under Section 397, 401 of Code of Criminal Procedure, 1973 challenging the order dated 12-10-2011 passed by learned Judicial Magistrate First Class, Morena in unregistered case No. /2011 (Crime No.93/11 registered at Police Station Noorabad District Morena) whereby the application filed by the petitioner under Section 167(2) of Cr.P.C. has been dismissed. 2. Petitioner has been arrested in crime No.93/11 registered at Police Station Noorabad District Morena for the offence punishable under Sections 147, 148, 149, 307, 327, 294, 201 and 120-B of IPC, under Section 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 25, 27 and 30 of Arms Act. 3. Petitioner has been arrested on 07-07-2011 and has been sent in judicial custody on 08-07-2011. When the concerning Police Station did not file the challan within 90 days of sending the petitioner in judicial custody, petitioner h...

Mahesh Vs. State of Madhya Pradesh

Court: Madhya Pradesh

U.C. Maheswari, J. 1. The applicant/accused has filed this appeal under Section 374 Cr.P.C. being aggrieved by the judgment dated 07.10.1996 passed by Sessions Judge, Dewas, in Sessions Trial No.22/95, convicting and sentencing the appellant for offence under Section 363,366 and 376 of IPC with direction to undergo 3 years rigorous imprisonment in the first count, 5 years in the second count and 7 years in the last count. 2. The facts giving rise to this appeal in short are that on 06.04.1994 at about 2.30 when the complainant Ashabai came back to her home from outside, then she found her both the daughters Umabai and Nirmalabai are missing. Thereafter she started searching them, but they were not found, on which a report of missing person was lodged by the Police Kotwali on 13.04.1994. In the course of enquiry, it was found that the appellant, who was also the tenant of the complainant, had taken away her daughters by misguiding them and also committed rape with Nirmalabai, one of the...

Prashant Mundra Vs. Satish Kumar Rathi

Court: Madhya Pradesh

Reported in: 2012CrLJ266(NOC)

ORDER (Oral) U.C. MAHESHWARI J. 1. The applicant/accused has preferred this revision being aggrieved by the judgment dated 25.3.2010 passed by VIIth Additional Sessions Judge (Fast Track Court) Ujjain, in Cr. Appeal No. 443/09, affirming the judgment dated 28.10.2009 passed by Judicial Magistrate First Class Tarana, in Criminal Case No. 49/07, convicting and sentencing the applicant for the offence under Section 138 of the Negotiable Instruments Act (In short 'the Act') for six months RI with a direction to pay the compensation Rs.1,15,000/- under Section 357 (3) of Cr.P.C. (In short 'the Code') to the respondent/complainant. 2. The facts giving rise to this revision in short are that the applicant herein after receiving the consideration of Rs. One lacs from the respondent/complainant, gave him a cheque of his account. The respondent in his turn within the validity period of such cheque deposited the same with his banker for it's collection, but the same was not encashed and returned ...

Pratap Vs. State of M.P.

Court: Madhya Pradesh

U.C. Maheshwari, J. 1. This appeal is preferred by the appellant/accused under Section 374 of the Cr.P.C being aggrieved by the judgment dated 4.10.96 passed by Addl. Sessions Judge Manawar district Dhar in S.T.No.241/90 convicting him under section 376 of the IPC with a direction to undergo for RI 7 years with fine of Rs.1000/-. In default of depositing such fine, further four months rigorous imprisonment. 2. The facts giving rise to this appeal in short are that on dated 4.6.98 at about 8 O' Clock in the evening, the prosecutrix Samoti Bai, the daughter-in-law of the appellant, who was also residing in the family of the appellant, was sleeping in her room. At the same time, the appellant entered in her room and committed rape on her against her will and thereafter he went away. Immediately after such incident, the prosecutrix ran away towards the village and narrated the incident to witnesses Hamiro, Chhitu, Devi Singh, Nathia and also to her brother Bavlia. As the incident took plac...

Hindustan Copper Limited Vs. the State of M.P. and Others

Court: Madhya Pradesh

1. In order to appreciate the controversy involved in this writ petition few facts need mention. The petitioner is a Government company. Its 'Malajkhand Copper Mining and Ore Concentration Project' is situate in district Balaghat (M.P.), where the petitioner is engaged in extraction of copper ore by open cast mining process. It is averred in the writ petition that after drilling and blasting the ore in the open pit mine, the ore in the form of boulders is transported to the Primary Crusher (situated at a distance of 2.53 km from the mine), where it is crushed into pebbles/pieces. Such crushed ore is then carried on a conveyor to a Secondary Crusher (situated at about 5 km from the mine) for further crushing into smaller pebbles. The small pieces/pebbles are then carried by a conveyer to the Concentrator Plant (situated at 5.5 km from the mine). In the Concentrator Plant, the ore is milled into powder in the Ball Mills. Such powder mixed with water is carried in the form of slurry to fl...