Madhya Pradesh Court October 2013 Judgments
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Sunil Ahirwar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Criminal Appeal No.2048/2013 9/10/2013 Shri Sharad Verma, Advocate for the appellant. Shri Sameer Chille, GA for the respondent/State. Heard on I.A.No.19022/13, an application for suspension of jail sentence and grant of bail to the appellant. Appellant has been convicted by the trial Court under sections 363, 366, 376 (1).498 of IPC and sentenced to undergo RI for 1 year & fine of Rs.1000/-, RI for 3 years & fine of Rs.3,000/-, RI for 7 years & fine of Rs.5000/-, RI for 1 year & fine of Rs.1000/- with default stipulations. Learned counsel for the appellant submits that prosecutrix was more than 16 years of age and she was a consenting party. She lived with the appellant for about two months in Delhi thereafter, when she returned to her parental house she lodged a concocted report against him. The appeal would take considerable time to dispose of finally, hence he prays for suspension of jail sentence and grant of bail to the appellant. Learned counsel for the State opposes the applica...
Ram Gopal @ Gopal @ Raju Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1772/2013 Petitioners : Ramgopal @ Gopal @ Raju Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For appellant : Shri Ghanshyam Pandey, Advocate For the respondent : Shri Yogesh Dhande, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 13/8/2013 passed by II Additional Sessions Judge, Katni in Cr.A. No.87/13 whereby the judgment dated 12.4.2013 passed by Judicial Magistrate First Class, Katni, in Criminal Case No.64/2005 convicting the petitioners under Sections 457 and 380 of the IPC and sentencing him to undergo R.I. for two years and to pay a fine of Rs.500/- on each offence, was modified to the extent that the respective custodial sentences were reduced to R....
Mubbu @ Bohat Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1783/2013 Petitioner : Mubbu @ Bohat Singh Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri Sharad Gupta, Advocate For the respondent : Shri S.K. Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 30/8/2013 passed by Additional Judge to the Court of I Additional Sessions Judge, Damoh in Cr.A. No.27/2011 whereby the judgment dated 14/2/11 passed by Chief Judicial Magistrate, Damoh in Criminal Case No.1035/2007 convicting the petitioner under Sections 325/34, 452 of the IPC and sentencing him to undergo R.I. for one year and to pay a fine of Rs.500/- on each offence, was affirmed.2. Prosecution case, in brief, is that on 13/4/07 at abo...
Bir Bahadur Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
W.P.No.16543/2013 09.10.2013 Shri Pradeep Singh, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Government Advocate for the respondents/State on advance copy. It is contended by learned counsel for the petitioner that the petitioner while was in service was granted permission to prosecute studies in research. Such permission was granted on 09.02.1993. The petitioner submitted the thesis after the research work and the Degree of Ph.D.was awarded to the petitioner on 15.06.2001. The date of superannuation of the petitioner was 31.07.2001. However, on account of grant of extension the petitioner has remained in the employment upto 01.06.2003. The petitioner made the representation for grant of two advance increments of pay in view of the policy issued by the State Government in reference to the recommendations made by the Pay Commission way back in the year 1972, which was reiterated subsequently. However, since the representation is not considered, the petitioner is requ...
Smt. Yasmeen Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
1 W.P.No.8952/2013 09.10.2013 Shri Salil Singh, learned counsel for the petitioner. Shri Rahul Jain, learned Dy. Advocate General, for respondents-State, on advance copy. Heard on the question of admission. The petitioner, by way of filing this petition has sought direction against malafide and arbitrary action on the part of respondents No.6 and 7 as well as official respondents to allow her to lead her life peacefully and to direct the respondents No.6 and 7 not to force or compel her to marry to an unknown and unacquainted person, and to provide adequate security and protection from the official respondents. It is contended by learned counsel for the petitioner that the brother of petitioner-respondent No.7 has lodged a false report against the husband of petitioner at Police Station Mangawa, which was registered as Crime No.121/2012 for offences under Sections 363 and 366 of the I.P.C., pursuant to which the husband of the petitioner was taken into custody. It is further contended ...
Chilla @ Shivcharan Sahu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Criminal Appeal No.2033/2013 9/10/2013 Shri Arvind Pathak, Advocate for the appellant. Shri Sameer Chille, GA for the respondent/State. Heard on I.A.No.18883/13, an application for suspension of jail sentence and grant of bail to the appellant. Appellant has been convicted by the trial Court under section 306 of IPC and sentenced to undergo RI for 5 years & fine of Rs.500/- with default stipulations. Learned counsel for the appellant submits that though it is alleged against this appellant that he assaulted and committed cruelty on deceased (wife) Premiya but there is no corroboration in postmortem report. During trial he was on bail and did not misuse the liberty granted to him. He is in jail since 2/07/2013. The appeal would take considerable time to dispose of finally, hence he prays for suspension of jail sentence and grant of bail to the appellant. Learned counsel for the State opposes the application. On due consideration of the facts and contentions raised by learned counsel for...
Khalique Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Cr.R.1761/2013 HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1761/2013 Petitioner : Khalique Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri A.K. Tiwari, Advocate For the respondent : Shri S.K. Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 26/8/2013 passed by I Additional Sessions Judge, East Nimad, Khandwa, in Cr.A. No.123/13 whereby the judgment dated 17/04/2013 passed by Judicial Magistrate First Class, Khandwa in Criminal Case No.3506/2012 convicting the petitioner under Section 354 of Indian Penal Code, sentencing him to undergo R.I. for six months and to pay a fine of Rs. 500/-, was affirmed.2. Prosecution case, in brief, is that on 14/11/2012 at 2.30 pm, petitioner ...
Jila Thok Upbhokta Sahkari Bhandar Maryadit Balaghat Vs. the State of ...
Court: Madhya Pradesh
Decided on: Oct-09-2013
Writ Petition No.17472/13 09.10.2013 Shri Paritosh Trivedi, learned counsel for the petitioneRs.Smt. Sheetal Dubey, learned Govt. Adv.for the State on advance notice. Heard on the question of admission. The petitioners Society registered under the Madhya Pradesh Co.operative Societies Act, have filed this petition under Article 226 of the Constitution of India for issuing the appropriate writ for the following reliefs:- (1).That, this Honble Court may kindly be quash the order/memorandum dated 23.7.2012 in Annexure-P-3. (2) That, this Honble Court may kindly be directed to the respondents for not interfering in continue to the fair price shop running by the petitioners Petitioners counsel after taking me through the papers placed on the record along with the impugned order dated 23.7.2012 (Annexure-P-3) passed by the respondent no.3 Zila Apoorti Adhikari Balaghat, argued that such order has been passed contrary to the rules and regulations enacted in that regard. In continuation he als...
Dharmendra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1780/2013 Petitioner : Dharmendra S/o Amar Singh, aged 17 years Through Legal Guardian Amar Singh S/o Khushilal, aged 55 years, R/o Village Bamuliya Doraha, Tahsil Shyampur, District Sehore M.P. Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri Satyam Agrawal, Advocate For the respondent : Shri Yogesh Dhande, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 31/8/2013 passed by I Additional Sessions Judge, Sehore in Cr.A. No.134/2011 whereby the judgment dated 13/7/2011 passed by Principal Magistrate, Juvenile Justice Board, Sehore in Criminal Case No.64/2010 convicting the petitioner under Section 376/511 of the IPC and directing him under S...
Smt. Aisha Raheem Vs. Nadir Raheem
Court: Madhya Pradesh
Decided on: Oct-09-2013
1 W.P. No.17910 of 2013 9.10.2013 Shri K.L.Gupta, counsel for the petitioner. He is heard on the question of admission. Petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 4.9.13 passed by the District Judge, Bhopal in RCS No.262-A/09 whereby her application filed under Order 7 rule 14(3) of the CPC for taking the annexed mark sheet on record has been dismissed.2. Petitioner's counsel by referring the annexed judgment of the Apex Court in the matter of Umesh Chandra Vs. State of Rajasthan-AIR1982SC-1057 argued that in view of the principle laid down in this case, the impugned order is not sustainable because by virtue of section 35 of the Evidence Act such document may be taken into consideration as the same is relevant with the matter and also issued by the concerning educational authority on the basis of their record which is kept in regular course of business.3. Having heard the counsel, after perusing the record along...
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