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Madhya Pradesh Court July 2012 Judgments

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Jul 06 2012

Shri Sureshchandra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.6833/2012 (Suresh Chandra versus State of M.P.and Ors.) 06.07.2012 Heare Shri S.K.Bakshi, learned counsel for the petitioner on the question of admission and interim relief. The petitioner, who claims to be the Secretary of Prachar and Prasar Samiti, Satlok Ashram, Daulatpur Road, Barwala, district Hisar in the State of Haryana has filed this petition claiming relief of a direction to quash the FIRs registered against the workers of the Satlok Ashram and direct the police to permit the petitioner to undertake the sale of his book 'Gyanganga' published by the Satlok Ashram freely without any impediment. It is stated that three FIRs have been lodged against the workers of the Society at Jabalpur, Chhindwara and Katni, in which crime No.201/11, 693/11 and 334/11 respectively have been registered at the respective police stations at Jabalpur, Chhindwara and Katni, wherein the allegations have been made by the complainants that the workers of the society are selling and distributing ...


Jul 06 2012

Ramshiromani Tiwari Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.9632/2012 09/07/2012 Shri Akhil Singh, learned counsel for the petitioner. Matter pertains to appointment of Gram Rojgar Sahayak to the Panchayats. As per the scheme for appointment, the appointment is made after a resolution is passed by the Gram Panchayat and the same is approved by the Collector cum District Program Coordinator. Against the order of appointment to the post in the Panchayat, petitioner has remedy of an appeal as contemplated under Section 91 of the M.P.Panchayat Raj Adhiniyam 1993 and the M.P.Panchayat (Appeal and Revision) Rules 1995. If the appointment is made on due approval of the Collector, the would appeal go to the Commissioner. When a statutory appeal is available under the Act of 1995, a writ petition directly before this Court bypassing the statutory remedy is not permissible. That apart, the scheme for appointment itself under Clause5.1 and 5.2 ...


Jul 06 2012

Onkar Shripal Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.4635/2012 6.7.2012 Shri S.M.Shukla, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the respondents. Challenging an order passed suspending the petitioner after show cause notice pending an enquiry into withdrawal of certain amounts from the Bank, petitioner has filed this writ petition. Learned counsel for the petitioner invites my attention to certain preliminary enquiry conducted by the Chief Executive Officer and tried to emphasize that in this enquiry allegation against the petitioner has not been found to be correct and therefore, petitioner has been illegally suspended. Having heard learned counsel for the parties and on perusal of record, it is seen that petitioner has not been completely exonerated. It is only indicated in the enquiry report that it seems that the petitioner and Sarpanch have signed the Cheques. However, record indicates that due to withdrawal from the Bank both the petitioner and the Sarpanch are being proceeded against in...


Jul 06 2012

Smt. Dipa Modi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.9179/2012 (Smt. Dipa Modi versus State of M.P.& Ors.) 06.07.2012 Heard Shri Subodh Kathar, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition being aggrieved by order passed by the respondent No.3, Sub-Divisional Officer, Khandwa dated 21.02.2011 refusing to grant caste certificate to the petitioner. As the appropriate remedy available to the petitioner in such cases is to approach the higher power committee, it is submitted by the learned counsel for petitioner that the petitioner be granted liberty to do so. In view of the aforesaid, the petition filed by the petitioner is disposed with a liberty to the petitioner to approach the higher power committee for redressal of her grievances, if so advised. C.C.as per rules. (R.S.Jha) Judge gn...


Jul 06 2012

Abdul Wahid Khan Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

1 W.P.No.4168/2012 Abdul Wahid Khan versus State of M.P.& ORS.06.07.2012 Heard Shri Shishir Kr. Soni learned counsel for the petitioneron the question of admission and interim relief. The petitioner has filed this petition praying for a direction to the respondents to register a fiRs.information report against respondent nos.7 and 8 and to prosecute them in accordance with law with a further direction to get the enquiry conducted through the Central Bureau of Investigation. From a perusal of the petition, it is apparent that the petitioner had, on a previous occasion, filed similar petition which was registered as W.P No.4957/2007 and was disposed of by order dated 12.8.2009 with a direction to the respondent authorities to consider all the material sought to be placed by the petitioner in the magisterial enquiry that was stated to be pending before the Sub Divisional Magistrate, Barghat, District Seoni and take action in accordance with law. In the present petition the petitioner stat...


Jul 06 2012

Khumani and anr. Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jul-06-2012

1 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.2177/1996 Khumani and another Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Ms. Malti Dadariya, Advocate. For the respondent: Shri Ajay Tamrakar, Panel Lawyer. ........................................................................................................... JUDGMENT (Delivered on the 6th day of August, 2012) The appellants have preferred this appeal against the judgment dated 26.11.1996 passed by the First Additional Sessions Judge, Mandla in ST. No.20/1992 whereby the appellants were convicted for offence punishable under Section 307 of I.P.C and sentenced for 5 years rigorous imprisonment with fine of Rs.100/-. In default of payment of fine, each of them had to undergo one month's rigorous imprisonment in addition.2. The prosecution's ca...


Jul 06 2012

Bhagwat Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.15255 / 2008 (Bhagwat Singh..v...State of M.P.& otheRs.06-07-2012 Heard Shri Manish Awasthy, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition praying for further investigation in the matter and submission of additional charge. In view of the decision of the Supreme Court rendered in the case of Virender Prasad Singh v. Rajesh Bharadwaj & otheRs.2010 AIR SCW, 4902 the appropriate remedy of the petitioner is to file an application in the pending case before the Court concerned. In the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioner to do so. With the aforesaid liberty to the petitioner the petition filed by the petitioner stands disposed of. C.C.as per rules. ( R.S.Jha ) mct Judge...


Jul 06 2012

Rishikesh Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jul-06-2012

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SB: Honble Shri Justice N.K.Gupta, J.Criminal Appeal No.2287/1997 Rishikesh Vs. State of Madhya Pradesh .................................................................................................... Shri Satish Chaturvedi counsel for the appellant. Shri Ajay Tamrakar, Panel Lawyer For the respondent/State. .................................................................................................... JUDGMENT (Delivered on the 6th day of July, 2012)) The appellant has preferred this appeal against the judgment dated 22.10.1997 passed by the IInd Additional Sessions Judge, Rewa in Sessions Trial No.172/1995 whereby the appellant was convicted for offence punishable under Section 308 of I.P.C and sentenced for three years rigorous imprisonment with fine of Rs.400/-. The appellant was to undergo six months rigorous imprisonment in addition for default of payment of fine.2. Prosecutions case, in short, is that on 5.7.1995 at about 4....


Jul 06 2012

Mridul Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

1....W.P.No.19714 o6. 7.2012 Shri Pushpendra Yadav, Counsel for the petitioner. Shri Swapnil Ganguli, Counsel for respondent No.1. None for respondent No.3. Shri Sanjay Agrawal with Shri Sunil Mishra, Counsel for respondent No.4. Learned counsel for the respondent No.4 submitted that he has filed an application on 21.3.2012 for taking subsequent development on record and for modification of order dated 12.3.2012. From the perusal of the aforesaid and after hearing Shri Agrawal, learned counsel for the noticee, we find that the affidavit is vague. The Members of Executive of the Union should file a specific affidavit specifying the Members of the Union who had attended the office on 12.3.2012 and thereafter the Members of the Union who had not attended the office on 12.3.2012 in the afternoon and had gone on strike. A specific affidavit in this regard be filed within one week. The respondent No.3 the University also to file specific affidavit in respect of the members of the Union of re...


Jul 06 2012

Ramdas Jhade Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.15319.06 Writ Petition No.15319 of 2006 (Ramdas Jhade and two others v. State of M.P.and five otheRs.06/07/2012 Shri A.M.Trivedi, learned senior counsel with Shri Pranay Gupta, learned counsel for the petitioneRs.Shri Rahul Jain, learned Dy. Advocate General for the respondents/State. For the reasons stated in the order passed separately today in Writ Petition No.14984 of 2006 (Ramdas Jhade v. State of Madhya Pradesh and three otheRs.while negativing the claim of the petitioner with a cost of Rs.5,000/- to be deposited within the Palak Shikshak Sangh, Government Multipurpose Middle School, Tikari, within 30 days from the communication of this order, the Collector, Betul is directed to ensure that the said amount is deposited within the stipulated time and shall further ensure that the school building at a place allotted should be constructed expeditiously but not later than six months, if not already constructed and shall further ensure that the amenities as are required under the ...



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