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Madhya Pradesh Court February 2013 Judgments

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Feb 05 2013

Smt. Ramkalibai Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

Smt. Ramkalibai versus State of M.P.M.Cr.C.No.15038 05. 02.2013 : Shri Siddharth Datt, learned counsel for the applicant. Shri S.S.Bisen, learned Government Advocate for the State. Applicant has been arrested and is in custody since 8.10.2012, in Crime No.237/2012, registered by Police Station Nepa Nagar, Burhanpur, for having committed offence under Sections 304-B, 306 and 498-A / 34 of IPC. Applicant is mother-in-law of deceased and she has been implicated on the basis of general statement of harassment of her daughter-in-law. Taking note of the allegations made against the applicant and the fact that she is in custody for more than 6 months, the application is allowed. It is directed that applicant Smt. Ramkalibai be released on bail on her furnishing a personal bond in the sum of `30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of trial court for her appearance before the trial court on the dates as may be fixed in that behalf. Applicat...


Feb 05 2013

Dr. R.P. Singh Vs. Environmental Planning and Coordination Organizatio ...

Court: Madhya Pradesh

Decided on: Feb-05-2013

WP 1744.13 Writ Petition No.1744 of 2013 (Dr. R.P.Singh v. Environmental Planning and Co-ordination Organization, Bhopal and another) 05-02-2013 Shri Ashish Shroti, learned counsel for the petitioner. Heard. Order dated 30-10-2012 is being assailed vide this petition. Claim of the petitioner for grant of senior scale of Rs.3000-5000 with effect from 22-06-1987 on completion of five years of service and for arrears from 22-06-1987 till 31-03-1995 has been rejected by impugned order. Initially appointed as Research Officer and Assistant Director, Environmental Planning and Co-ordination Organization in the year 1982, petitioner was appointed as Senior Research Officer, in the pay scale of Rs.700-40-1100-50-1300-A-50-1600 (UGC) with effect from 01-01-1984 by order dated 08-03-1984. Thereafter by order dated 08-12-1995 petitioner was granted senior scale of pay of Rs.3000-100-3500-125-5000 on completion of eight years of service in the Organization with effect from 22-06-1990. The actual p...


Feb 05 2013

Nirbhay Kuchbandhiya Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

M.Cr.C.No.582 /2013 05.01.2013 Shri Vaibhav Sharma, learned counsel for the applicant. Shri Alok Tapikar, learned P.L.for the respondent-State. Heard. This petition is preferred under Section 439 of Cr.P.C for grant of bail to the applicant as he is in custody since 2.12.2012 in connection of Crime No.706/2012, registered at Police Station Ghamapur, district Jabalpur for the offence under Section 34 (2) of the Excise Act. As alleged the applicant was found in possession of 300 quarter of the liquor each quarter was having 180 m.l.liquor in it. Accordingly he was found in possession of 54 bulk litres of liquor. A copy of the charge sheet is placed on record on behalf of the applicant. As the copy of the charge sheet is available, hence with the consent of the parties, the petition is heard finally. The applicant's counsel by referring the papers of the charge sheet specifically the seizure memo, which was prepared before registration of the offence at Police Station said that crime of t...


Feb 05 2013

Abir Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

Writ Petition No :876. / 2013 Abir Singh versus State of MP and others 05.02.2013. Shri Shreyas Pandit for the petitioner. Shri Sidharth Gulati appears for respondent No.5. Having heard learned counsel for the parties, it is seen that alleging corrupt practice in the elections held to the Mandi Committee held for Ward No.8, Maharajganj, Badamalhara, District Chhatarpur, this writ petition has been filed. The averments made in the writ petition are with regard to grave irregularities in the election in question and use of unfair practice and corruption in the election. If that be so, the statute itself contemplates filing an election petition and as petitioner has statutory remedy of filing an election petition, a petition directly before this Court without filing an election petition is not proper. Accordingly, granting liberty to the petitioner to avail the remedy of filing an election petition, this petition is disposed of. If the petitioner wants to seek any interim relief, he may m...


Feb 05 2013

BaIn Singh Tongar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

1 M.Cr.C.No.2747/2012 Bain Singh Tongar State of M.P.5.2.2013 Shri S.C.Datt, learned Sr.Advocate with Shri Deepak Awasthy, Counsel for petitioner. Shri Pankaj Dubey, Counsel for respondent. Shri S.Chaturvedi, Counsel for intervener. Petitioner has sought following reliefs:- (1) It is, therefore, prayed that this Hon'ble Court may kindly allow this petition and the FIR in Case No.19/03 (Annexure P/1) registered against the petitioner, at Police Station, Economic Offence Wing, Bhopal (M.P.).may kindly be quashed with a further direction to the respondent not to proceed further in the same subject matter against the petitioner. (2) Any other relief deemed fit in the facts and circumstances of the case may also be awarded to the petitioner, in the interest of justice. Case of the petitioner is that on merits, no case is made out against the petitioner for investigation, as the petitioner was possessing qualifications at the time of appointment. There was no manipulation by the petitioner i...


Feb 05 2013

Kailash Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

M.Cr.C.No.1435/2011 5.2.2013 Shri Sanjay Patel, Adv.for the petitioneRs.Ms.Pratibha Mishra, PL for the State. Shri Anurag Shivhare, Advocate for respondent No.2. The petitioners have filed this petition invoking the extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C.for quashment of proceedings of Criminal Case No.90/2011 pending against them before Chief Judicial Magistrate, Damoh. The charge sheet has been filed against the petitioners on the report of respondent No.2 Smt. Jayanti Upadhyay in the crime registered as Crime No.526/2010 for the offence punishable under Section 498-A, 294, 506,34 of the IPC alleging the ill treatment with her by the petitioneRs.Learned counsel for the petitioner has submitted that earlier similar FIR was lodged by the petitioner for the offence registered vide Crime No.370/2007 punishable under Section 498-A, 294, 506/34 of the IPC and 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner has further submitted that th...


Feb 05 2013

Karamvir Singh Chouhan Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

1 M.Cr.C.No.12042/2012 5.2.2013 Shri Sanjay Patel, learned counsel for the applicant. Shri Sanjeev Kumar Singh, learned Panel Lawyer, for the State. Applicant apprehends his arrest in Crime No.342/2012, registered by Police Station Dindori, District Dindori, for having committed offences punishable under Sections 409/ 34 of I.P.C.The allegations against the applicant is that he has concealed excess paddy in his godown to the extent of more than 55.10 quintals valued at Rs.61,790/-. Record indicates that application under Section 438 Cr.P.C.of co-accused R.K.S. Chouhan and Satish Chandra Gupta who are also implicated in the same crime number have been granted anticipatory bail by this Court in M.Cr.C.No.11716/2012 and M.Cr.C.No.11760/2012 on 2.1.2013. Keeping in view the aforesaid there is no reason for not extending similar treatment to the applicant. Accordingly this application is allowed. It is directed that in the event of arrest applicant Karamvir Singh shall be released on bail o...


Feb 05 2013

Mahendra Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

M.Cr.C.No.546 /2013 05.01.2013 Shri S. Pandit, learned counsel for the applicant. Shri Alok Tapikar, learned P.L.for the respondent-State. Heard. This petition is preferred under Section 439 of Cr.P.C for grant of bail to the applicant as he is in custody since 23.12.2012 in connection of Crime No.221/2012, registered at Police Station Badamalhara, district Chhatarpur for the offence under Section 34 (2) of the Excise Act. Charge sheet has been filed and the copy of the same has been placed on record by the applicant's counsel. Learned PL submits that he is under receipt of copy of charge sheet. As copy of the charge sheet is available on record hence with the consent of the parties, the petition is heard finally. The applicant's counsel argued that nothing was seized from possession of the applicant and only on supplying some information by the co-accused from whose possession the alleged liquor was seized the same was produced from the present applicant he has been implicated in the ...


Feb 05 2013

Sandeep Malviya Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-05-2013

W.P.No.1930/2013 05.02.2013 Shri Ravi Shankar Yadav, Advocate for the petitioneRs.Shri Vivek Agrawal, Government Advocate for the respondent No.1. Smt. Shobha Menon, learned Senior Advocate with Ms.Surbhi Ahirkar, Advocate for respondent No.3. Smt. Menon, learned Senior Advocate appearing for respondent No.3 submits that she has received copy of petition only yesterday evening and prays for 10 days time to file reply. Prayer is not opposed, hence it is allowed. Ad-interim writ: It is submitted that the petitioners were given admission by respondent No.4 College. Petitioners prosecuted their studies and they submitted their examination forms with the respondent No.3. The respondent No.3 allocated roll numbers to the petitioneRs.but on 28.01.2013 letter Annexure P-7 has been issued, by which it was intimated to the petitioners that they are not entitled to appear in the examination of 1st Semester of LL.B.It is submitted that petitioners were entitled for admission in LL.B 1st year, they...


Feb 05 2013

R.R. Farooqui Vs. Union of India

Court: Madhya Pradesh

Decided on: Feb-05-2013

Writ Petition No.18661/2012 5.2.2013 Shri Manish Mishra,learned counsel for the petitioner. Shri A.T.Faridi, learned counsel for the respondents. We see no reason to interfere with the order of the Tribunal having regard to the circumstances of the case. We find there is a note in the transfer order dated 25.6.2009 that transferred officials after completion of two years in the rural areas can apply for posting in Jabalpur and Katni urban areas and their request will be considered on priority. Accordingly, we direct the respondents to consider the petitioners case for posting at Jabalpur or Katni urban areas on priority after completion of two years of the joining of the petitioner. With the above direction, the petition stands finally disposed of. (S.A.BOBDE) (AJIT SINGH) CHIEF JUSTICE JUDGE ss...


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