Madhya Pradesh Court October 2013 Judgments
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Mohan @ Mohan Lal Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Oct-10-2013
[1]. [Criminal Appeal No.1093/1997]. HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.1093/1997 Mohan @ Mohanlal Vs. State of M.P. As Per : G.S.Solanki, J.Shri Rakesh Kumar Jain, Advocate for the appellant. Shri Aditya Singh, Public Prosecutor for the State. JUDGMENT [10.10.2013].1. This appeal has been preferred by the appellant under Section 374(2) of Cr.P.C. being aggrieved by conviction and sentence recorded by Additional Sessions Judge, Begumganj, District Raisen in S.T. No.72/94 vide judgment dated 9.5.1997 whereby the appellant has been convicted for the offence punishable under Sections 376(1), 366 of the IPC and sentenced to R.I. for 5 years with fine of ` 2,000/- and R.I. for 3 years with fine of ` 1,000/- respectively, with default stipulations.2. The facts, in short, giving rise to this appeal are that on 7.4.1994, Baliram lodged an FIR at P.S. Begumganj to the effect that his daughter (hereinafter referred to as the prosecutrix), aged about 17 years, had gone to ...
Umesh Chand Soni Vs. Shankarlal Ji
Court: Madhya Pradesh
Decided on: Oct-10-2013
Writ Petition No.18152/2013 10.10.2013 Shri Rajeev Verma, learned counsel for the petitioner. He is heard on the question of admission. The petitioner- plaintiff of Co.No.28-A/11 pending in the court of District Judge, Sehore has filed this petition under Article 226 of the Constitution of India without challenging any order of the trial court for issuing appropriate writ directing the respondents- defendants to permit the petitioner to carry out the special worship (Pooja) between 12th October to 15th October 2013 at the place of Pooja Place of the family which is situated in possession of respondents- defendants. In addition to it, prayer for appropriate direction to carry out such construction stated in clause (2) of para 7 of the writ petition to make separate the Pooja Sthal from the main building is also made. It is also stated that the petitioner is ready to carry out such construction on his own expenses. Apart the aforesaid prayer for appointment of Manager/ (Caretaker) for pr...
Chhajjulal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-10-2013
Cr.R.No.1869/2013 10.10.2013 Smt. Indu Pandey, learned counsel fosr petitioner. Shri Yogesh Dhande, learned Panel Lawyer for the respondent/State. With consent, the matter is heard finally. This revision petition has been preferred against the judgment dated 31.8.2013 passed by IIIrd Additional Sessions Judge, Khandwa in Cr.A.No.143/2012 whereby the judgment passed by the trial court convicting the petitioner under Sections 354 and 452 of the Indian Penal Code and sentencing him to undergo, R.I.for one year and to pay a fine of Rs.500/- and R.I.for one year and to pay a fine of Rs.500/-, was modified. Accordingly, the petitioner is now required to undergo R.I.for one year and to pay a fine of Rs.500/- for the offence under Section 354 of the I.P.C.and further to undergo R.I.for one year and to pay a fine of Rs.500/- for the offence under Section 451 of the I.P.C At the outset, learned counsel for the petitioner submitted that he does not want to challenge the conviction awarded to the ...
Om Prakash Kushwaha Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-10-2013
Cr.R.No.1849/2013 10.10.2013 Shri B.K.Bais, Advocate for petitioner. Shri Yogesh Dhande, Government Advocate for the respondent/State. Heard on admission. This revision has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short the Act).challenging the order dated 4/9/13 passed by Additional Sessions Judge, Waidhan, District Singrouli, in Cr.A.No.155/2013 whereby the order of the trial Court rejecting the bail application of the petitioner, was affirmed. Crime No.778/13 was registered at Police Station Waidhan against the petitioner in respect of the offences punishable under Sections 457, 376, 342 read with 34 and 450 of the IPC and Section 4/6 of the Protection of Children from Sexual Offences Act, 2012. The bail of the petitioner has been rejected by the Courts below mainly on the ground that possibility of his again joining the company of miscreants could not be ruled out. Provision for bail of the Juvenile is given under Sect...
Sahdev Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-10-2013
Cr.R.No.1744/2013 10.10.2013 Shri Sankalp Kochar, Advocate for petitioner. Shri Yogesh Dhande, Government Advocate for the respondent/State. With consent, the matter is finally heard. This revision petition has been preferred against the order dated 17.8.2013 passed by II Additional Sessions Judge, Betul in S.T.No.131/13 whereby the objection raised by the petitioner in regard to framing of charge under Section 25/27 of the Arms Act (for short the Act) has been overruled. Having regard to the arguments advanced by the parties, impugned order was perused. It is an admitted fact that in Crime No.45/13 registered at Police Station Betul Bazar, charge-sheet was filed against the petitioner for the offences under Section 307 of the IPC and Section 25/27 of the Act. From the bare perusal of the impugned order, it is also clear that mandatory provision of Section 39 of the Act has not been complied with by the prosecution and without obtaining any sanction from the District Magistrate, charge...
Ramesh Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-10-2013
1 Cr.R. No.1297/1999 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR SINGLE BENCH: HONBLE SHRI JUSTICE A.K.SHRIVASTAVA CRIMINAL REVISION NO.1297/1999 APPLICANT : Ramesih Kumar, S/o. Chanulal, R/o. Obedullaganj, District Raisen (M.P.) Versus RESPONDENT: State of M.P. --------------------------------------------------------------------------------------- Shri Harpreet Ruprah, Advocate for applicant. Respondent/State by Shri R.S. Shukla, Public Prosecutor. --------------------------------------------------------------------------------------- ORDER (10.10.2013) This revision application under Section 397/401 of CrPC has been filed by the applicant against the judgment of conviction and order of sentence dated 20.08.1999 passed by learned Second Additional Sessions Judge, Raisen dismissing the criminal appeal No.6/1999 and thereby affirming the judgment of conviction and order of sentence dated 20.01.1999 passed by learned Chief Judicial Magistrate, Raisen in Criminal Case No.461/1...
Narendra Ghoshi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1811/2013 Petitioner : Narendra Ghoshi and another Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri R.S.Patel, Advocate For the respondent : Shri S.K.Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 5/9/2013 passed by Sessions Judge, Tikamgarh in Cr.A. Nos.398/2012 and 405/2012 whereby the judgment dated 21/11/2012 passed by Judicial Magistrate First Class, District Tikamgarh, in Criminal Case No.1862/2011 convicting the petitioners under Sections 325/34 and 323/34 of the IPC and, in view of provision of Section 71 of the IPC, sentencing each one of the petitioners only under Section 325/34 to undergo R.I. for 1 year and to pay a f...
Devendra Kumar Vs. Union of India Dept.
Court: Madhya Pradesh
Decided on: Oct-09-2013
Devendra Kumar versus Union of India and others.W.P. No.17552/13 9/10/13 Shri Dinesh Upadhyay, learned counsel for the petitioner. Challenge in this petition under Article 227 of the Constitution is made to an order dated 16th July, 2013 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in O.A.No.385/13. Petitioner was appointed as a part time Sweeper/Peon in the establishment of Railway Mail Service, Jabalpur. He worked for various periods from 8/12/92 upto the year 2000 and, thereafter, as he was not engaged or regularized, he approached the Tribunal seeking regularization of service on the post of Sweeper/Farras and for issuing an appointment order. The application having been rejected, petitioner has filed this writ petition under Article 227 of the Constitution. From the documents filed by the petitioner particularly Annexures A-2 and A-3, it is seen that petitioner was only a part time Sweeper and was appointed in accordance with the need of the work. He has...
Smt. Laxmi Chaurasia Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Writ Petition No.11659/13 09.10.2013 Shri D.K.Tripathi, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Adv.for the State/respondents on advance notice. Heard on the question of admission. The petitioner, Bhoomiswami of the disputed land, has filed this petition under Article 226 of the Constitution of India for issuing the appropriate writ for the following reliefs:- (1) To call for entire relevant record . (2) To direct the respondents to produce the corpus of Rakesh Singh Jadoun before the Honble Court. (3) To direct the respondents to allot the equal land i.e.0.13 hectare from the Khasara No.275 which is a Government land and pay exemplary compensation to the petitioner. Initially petitioners counsel has argued the case for admission and allowing this petition but, in response of some query of the Court, he restricted his arguments and prayed to dispose of this petition with appropriate direction to the respondent No.2 to consider and decide his pending representati...
Jaheer Kasai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1775/2013 Petitioners : Jaheer Kasai and two others Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioners : Shri Himanshu Chourasia, Advocate For the respondent : Shri Yogesh Dhande, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 27/8/2013 passed by X Additional Sessions Judge, Bhopal in Cr.A. No.376/2011 whereby the judgment dated 18.7.2011 passed by Judicial Magistrate First Class, Bhopal in Criminal Case No.10762/2006 convicting the petitioners under Section 4/9 of the M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and sentencing him to undergo S.I. for six months and to pay a fine of Rs.500/- each, was affirmed.2. Prosecution case, in brief, is th...
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