Madhya Pradesh Court October 2013 Judgments
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Rosu @ Shankar Lal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1798/2013 Petitioner : Rosu @ Shankarlal Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For appellant : Shri Ashok Chakravarti, Advocate For the respondent : Shri S.K. Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 8/8/2013 passed by I Additional Sessions Judge, Raisen in Cr.A. No.93/13 whereby the judgment dated 14.5.2013 passed by Judicial Magistrate First Class, Gauharganj in Criminal Case No.267/2013 convicting the petitioner under Sections 457 and 380 of the Indian Penal Code and sentencing him to undergo R.I. for 3 years and to pay a fine of Rs.50/- and R.I. for 2 years and to pay a fine of Rs.50/- respectively, was affirmed.2. Prosecution cas...
Khalil Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1779/2013 Petitioner: Khalil Khan, s/o Shri Bakhtyar Khan aged about 26 years, r/o village Lalariya in front of High School Police Station, Berasia, District-Bhopal (M.P.) Vs. Respondent : State of M.P. Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri Rajendra Raghuvanshi, Advocate For the respondent : Shri Yogesh Dhande, Panel Lawyer ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 30/8/2013 passed by XIV Additional Sessions Judge, Bhopal in Cr.A. No.860/2012 whereby the judgment dated 3/9/12 passed by Judicial Magistrate First Class, Bhopal in Criminal Case No.1705/2004 convicting the petitioner under Section 304A of the Indian Penal Code and sentencing him to undergo R.I. for 1 year and to pay a ...
Pradeep Porpanth Vs. S.S. Goyal
Court: Madhya Pradesh
Decided on: Oct-09-2013
M.Cr.C.No.12352/2013 09.10.2013 Shri R.B.Shukla, Advocate for the applicants. Heard on admission. The applicant has preferred the present petition under Section 482 of Cr.P.C.against the order dated 30.8.2013 passed by the learned JMFC Jabalpur in Criminal Complaint No.15515/2011 whereby the application filed by the applicant under Section 311 of Cr.P.C.was dismissed. The brief facts of the case are that the respondent has prosecuted a complaint under Section 138 of the Negotiable Instruments Act, which is pending before the trial Court. The complainant was examined by the trial Court. Thereafter the applicant filed the copy of license relating to money lender and it is mentioned that the complainant did not possess the valid license of money lender, and therefore the complaint could not be prosecuted. Under such circumstances, it was prayed that the complainant may be called again for cross examination in the light of the said document. The learned JMFC dismissed the application vide ...
Anand Singh Bistha Vs. Smt. Seema Bistha
Court: Madhya Pradesh
Decided on: Oct-09-2013
Cr.R.No.1777/2013 9.10.13 Shri Paritosh Trivedi, Advocate for the petitioner. None for the respondents. Heard on admission. This revision petition is filed against the order of maintenance dated 16/8/2013 passed in MJ.No.163/2010 by I Additional Principal Judge, Family Court, Bhopal, whereby by allowing the application of the respondent no.1 under S.125 of the Cr.P.C., it was ordered that amount of maintenance be paid since the date of application i.e.15/4/2010. It is submitted on behalf of the petitioner that order to pay maintenance from the date of the application could not be passed without assigning any special reasons especially when in the original petition of maintenance, it was not claimed that maintenance should be awarded from the date of application. In support of his contention, reliance was placed on decision of this Court in Narendra versus Smt. Usha (2010 (1) Crimes258) . He further prayed that the maintenance be awarded from the date of impugned order. On perusal of th...
Girvar Saket Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1786/2013 Petitioner : Girvar Saket, s/o Jayram Saket aged about 38 years, r/o Village Bara, P.S. Vishva Vidyalaya, Rewa, District-Rewa (M.P.) Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For appellant : Shri Pushpraj Singh, Advocate For the respondent : Shri Yogesh Dhande, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 7/8/2013 passed by II Additional Sessions Judge, Rewa in Cr.A. No.5/13 whereby the judgment dated 22/12/2012 passed by Judicial Magistrate First Class, Rewa in Criminal Case No.961/2008 convicting the petitioner under Section 304-A of the Indian Penal Code and sentencing him to undergo R.I. for 2 years and to pay a fine of Rs.500/-, was aff...
Ramayan Prasad Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Writ Petition No.16879/13 09.10.2013 Shri R.B.Tiwari, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Adv.for the State/respondents No.1 to 4 on advance notice. Heard on the question of admission. The petitioner stated himself to be 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 direct the respondent no.3 Sub Divisional Officer (Revenue)/Land Acquisition Officer to decide the objection raised by the petitioner and further be pleased to direct the respondent no.5 to pay the compensation in lieu of acquiring the house of the petitioner, in the interest of justice. Initially the case was argued at length for admission and allowing this petition, but in response of some query of the Court, he restricted his arguments and made limited prayer to dispose of this petition with appropriate direction to the authorities of the respondents to consider and de...
Narendra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1789/2013 Petitioner : Narendra s/o Babara Harijan aged aobut 28 years, r/o Village Lalkheda P.S. Bhikangaon District-Khargon M.P. Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For petitioner : Shri Sudhir Mishra, Advocate For the respondent : Shri S.K. Kashyap, Govt. Advocate ----------------------------------------------------------------------------------------------- ORDER (9/10/13) This revision petition has been preferred against the judgment dated 24.8.2013 passed by IV Additional Sessions Judge, Khandwa in Cr.A. No.76/13 whereby the judgment dated 7/3/2013 passed by Judicial Magistrate First Class, Khandwa in Criminal Case No.1176/2008 convicting the petitioner under Sections 279, 337 and 304-A of the Indian Penal Code and sentencing him respectively to undergo R.I. for 3 months and to pay a fin...
Ajab Singh @ Mota Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
1 Cr.R. No.1778/13 HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Revision No.1778/2013 Petitioner : Ajab Singh @ Mota Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri B.D.Rathi ----------------------------------------------------------------------------------------------- For appellant : 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 26.8.2013 passed by II Additional Sessions Judge, Sehore in Cr.A. No.34/13 whereby the judgment dated 10.1.2013 passed by Judicial Magistrate First Class, Sehore in Criminal Case No.1041/2007 convicting the petitioner under Section 25(1B)(b) of the Arms Act (for short the Act.)_ and sentencing him to undergo R.I. for 1 year and to pay a fine of Rs.100/-, was affirmed.2. Prosecution case, in brief, is that on 07/7/2007 the...
Halkai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
Criminal Appeal No.1941/2013 9/10/2013 Shri U.S.Jaiswal, Advocate for the appellants. Shri Sameer Chille, GA for the respondent/State. Heard on I.A.No.18238/13, an application for suspension of jail sentence and grant of bail to the appellant Nos.1 and 3 namely Halkai and Kasturi Bai. Appellants have been convicted by the trial Court under section 304-B of IPC and sentenced to undergo RI for 7 years each with default stipulations. Learned counsel for the appellants submits that trial Court failed to appreciate the evidence on record in its proper perspective. Appellant no.1 Halkai is father-in-law and appellant no.3 Kasturi Bai is mother-in-law of deceased Ramlali. There is only general allegation made against these appellants in regard to cruelty and demand of motorcycle. During trial they were on bail and they did not misuse the liberty granted to them. The appeal would take considerable time to dispose of finally, hence he prays for suspension of jail sentence and grant of bail to t...
Chandra Shekhar Kaushal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-09-2013
HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR Single Bench: Hon'ble Mr. Justice N.K.Gupta,J.M.Cr.C. No.10157 of 2013 Chandra Shekhar Kaushal. Vs. State of Madhya Pradesh. ------------------------------------------------------------------------------------------- Shri Aniruddh Mishra, Advocate for the applicant. Shri G.S.Thakur, Panel Lawyer for the respondent. ------------------------------------------------------------------------------------------- ORDER (ORAL) (Passed on the 9th day of October, 2013) The applicant has preferred the present petition under Section 482 of Cr.P.C. to quash the proceeding of the Crime No.191/2012 registered at Police Station Rehatgaon District Harda for the offence punishable under Sections 294, 323, 506 read with Section 34 of IPC.2. The brief facts of the case are that on 12.12.2012 at about 10:50 AM in the morning one Shiv Prasad had lodged an FIR against six accused persons including the present applicant that they assaulted the victim and abused...
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