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Madhya Pradesh Court March 2013 Judgments

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Mar 22 2013

Rajkumar Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-22-2013

M.Cr.C.No.2863/2013 22.3.2013 Shri Mukesh Pandey, Advocate for the applicants. Shri Akhilendra Singh, GA for the State. Shri Deependra Mishra, Advocate for the objector. This is the fiRs.bail application filed by the applicants under section 438 of Cr.P.C.for grant of anticipatory bail. The applicants apprehend their arrest in connection with Crime No.41/2013 registered at P.S.Ajaygarh, District Panna for the offence punishable under Sections 323, 294, 307, 506 of the IPC. Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. According to the prosecution story, it is alleged against the applicants that they assaulted complainant by using lathi, therefore, no case under Section 307 of the IPC is made out against the applicants. At the most, the case of the applicants would fall under Section 323 of the IPC. The applicants have no criminal past. A counter case has also been registered against the complainant party vide Crime No.40...


Mar 22 2013

Manglesh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-22-2013

M.Cr.C.No.2526/2013 22.3.2013 Shri Rahul Tripathi, Advocate for the applicant. Shri R.K.Kesarwani, PL for the State. This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail. The applicant is in custody since 14.2.2013 in connection with Crime No.34/2012 registered at P.S.Rampayali, District Balaghat for the offence punishable under Sections 420, 34 of the IPC and Sections 3, 4 of the M.P.Chit and Funds Parichalan Scheme Prohibition Act, 1978. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The applicant is not the person who was running the Chit and Funds Scheme. It is alleged against the applicant that he collected the amount from different persons and deposited the same in the account of the Scheme. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail. Learned counsel for State has opposed the application. On due conside...


Mar 22 2013

Sandeep Vs. M.P.State Electricity Board

Court: Madhya Pradesh

Decided on: Mar-22-2013

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.528/2008 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Sandeep Criminal Revision No.535/2009 Sandeep VERSUS Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) --------------------------------------------------------------------------- Names of counsel for the parties in Criminal Revisions No.528/2008 Shri O.P.Mishra, counsel for the applicant. Shri Aditya Ahiwasi, counsel for the respondent. Names of counsel for the parties in Criminal Revision No.535/2009 Shri Aditya Ahiwasi, counsel for the applicant. Shri O.P.Mishra, counsel for the respondent. --------------------------------------------------------------------------- ORDER (Passed on the 22nd day of March, 2013) These two revision applications were filed against the common judgment dated 21.1.2008 passed by the learned Special Judge under Electricity Act (hereinafter it -:- 2 -:- ...


Mar 22 2013

Tularam Vs. Smt. Sarita Bai

Court: Madhya Pradesh

Decided on: Mar-22-2013

Mcr.C.No.9450 o22. 03.13 Shri Abhilash Dey , counsel for the applicant. Applicant's counsel submits that inspite his intimation the applicant has not turned to give any instructions to prosecute this matter and in such premises pleads no instructions with a further prayer to permit him to withdraw from this case. Considering his prayer, he is permitted to withdraw from this case. Keeping in view that this petition is pending for adjudication since 2006, without expressing any opinion on merits of the matter, in the absence of the applicant and his counsel, the same is dismissed for want of prosecution. (U.C.Maheshwari) Judge MKL...


Mar 22 2013

Durga Prasad Kumbhar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-22-2013

CRR No.1294/2010 Criminal Revision No.1294/2010 22.3.2013 Shri Jitendra Tiwari, Advocate for the applicants. Shri Prakash Gupta, Panel Lawyer for the State/respondent. Heard on admission. The applicants have challenged the order dated 27.7.2010 passed by the learned Additional Judge to FiRs.Additional Sessions Judge, Jabalpur in S.T.No.452/2009, whereby the charges of offence punishable under section 307 read with section 34 of IPC were framed against the applicants alongwith other charges. The prosecution's case, relating to the present revision, in short, is that, a quarrel took place between the accused persons and the victim. During that quarrel, one of the accused namely Durga Prasad Kumhar had assaulted the victim Rajbahadur by a Baka, causing a fatal injury to the victim in his abdomen. The learned counsel of the applicants submits that the applicants have grievance against the charges framed under section 307 read with section 34 of IPC only. There was no common intention of th...


Mar 22 2013

Ramgopal Gupta Vs. Ramvishal Gupta

Court: Madhya Pradesh

Decided on: Mar-22-2013

(1) Civil Revision No.379/2012 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR Single Bench : Hon'ble Shri Justice A.K. Shrivastava Civil Revision No.379 / 2012 Applicants :1. Ramgopal Gupta S/o. Late Shri Nathuram Gupta R/o. Village Dhawad, Tehsil Raj Nagar, District Chhatarpur, atpresent at Near Seva Gram Ganesh Mandir, Khajuraho. Tehsil Raj Nagar, District Chhatarpur (M.P.) 2. Manot Kumar Gupta, 3. Ashish Kumar, 4. Vinay Kumar Gupta, No.2 to 4 are sons of Ramgopal Gupta.R/o. Near Seva Gram Ganesh Mandir, Khajuraho. Tehsil Raj Nagar, District Chhatarpur (M.P.) Vs. Respondents :1. Ramvishal Gupta, S/o. Late Shri Nathuram Gupta, R/o. Village Dhawad, Tehsil Raj Nagar, District Chhatarpur, at-present R/o. Sipri Bazar, Near German Hospital, Jhansi Tehsil and District Jhansi (M.P.) 2. Rameshwar Prasad Gupta, R/o. Near Seva Gram Ganesh Mandir, Khajuraho. Tehsil Raj Nagar, District Chhatarpur (2) Civil Revision No.379/2012 (M.P.) 3. Ramesh Prasad Gupta, S/o. Shri Nathuram Gupta, R/o...


Mar 22 2013

Santosh Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-22-2013

CRR No.1461/2009 Criminal Revision No.1461/2009 22.3.2013 Shri T.S.Ruprah, Senior Advocate along with Shri Harpreet Ruprah, Advocate for the applicant. Shri Prakash Gupta, Panel Lawyer for the State/respondent. Heard on admission. The applicant has challenged the order dated 27.7.2009 passed by the learned Third Additional Sessions Judge, Khandwa in S.T.No.94/2009, whereby the charges of offence punishable under sections 304 (II).286 of IPC and section 5/9 of Explosive Substance Act were framed against the applicant. The prosecution's case, in short, is that, the applicant kept some explosives in his house situated at village Inpun. Due to explosion, one Mamta Bai had expired. The learned Senior Advocate of the applicant submits that the applicant challenges only the charge under section 304 (II) of IPC. Actually, it would be a negligence of the applicant and therefore, charge of offence under section 304-A of IPC is required to be framed. After considering the submissions made by lear...


Mar 22 2013

Madhya Pradesh Rajya Vidyut Mandal (Mppkvv.Co.Ltd.) Vs. Bhagwandas

Court: Madhya Pradesh

Decided on: Mar-22-2013

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.498/2009 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Bhagwandas Criminal Revision No.499/2009 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Prem Harijan Criminal Revision No.525/2008 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Damodar Criminal Revision No.526/2008 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Nanhe Bhai Criminal Revision No.527/2008 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Uddyet Choudhary and another -:- 2 -:- Criminal Revisions No.498/09,499/09 525/08, 526/08, 527/08, 1142/2008 Criminal Revision No.1142/2008 Madhya Pradesh Rajya Vidyut Mandal (M.P.P.K.V.V.Co.Ltd.) VERSUS Nijam --------------------------------------------------------------------------- Names of counsel for the parties in Criminal Revisions No.498/200...


Mar 22 2013

Chandrabhan Yadav Vs. Jagole Dheemar

Court: Madhya Pradesh

Decided on: Mar-22-2013

(1) Civil Revision No.266/2012 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR Single Bench : Hon'ble Shri Justice A.K.Shrivastava Civil Revision No.266 / 2012 Applicants :1. Chandrabhan Yadav, S/o. Nandu Yadav, R/o. Baiwar, Tehsil Jatara, District Tikamgarh (M.P.) 2. Chhabilal Richhariya S/o. Ramswaroop Richhariya, R/o. Village Tanga, Tehsil Jatara, District Tikamgarh (M.P.) 3. Smt. Pyaribai, Wd/o. Shri Durjan Dheemar, Occupation Agriculturist, 4. Munnalal alias Rampyare, S/o. Shri Durjan Dheemar R/o. Village Sasnera, Tehsil Jatara, District Tikamgarh (M.P.) 5. Smt. Pukkhan, D/o. Shri Durjan Dheemar, W/o. Bhaiyan Dheemar, R/o. Village Basnera, Tehsil Jatara, District Tikamgarh (M.P.) 6. Smt. Muliya, W/o. Harkuwa Dheemer, D/o. Late Durjan Dheemer, R/o. Village Bagoura, Tehsil Jatara, District Tikamgarh (M.P.) 7. Smt. Sakhi, W/o. Damoh Dheemar, R/o. Village Bajitpura, Tehsil Jatara, District Tikamgarh (2) Civil Revision No.266/2012 (M.P.) 8. Smt. Gumtan Dheemar, W/o. Ramcharan...


Mar 22 2013

Narayan Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-22-2013

CRR No.925/2012 Criminal Revision No.925/2012 22.3.2013 Shri Madan Singh, counsel for the applicants. Shri S.K.Kashyap, Public Prosecutor for the State/respondent. As prayed by the learned counsel for the parties,heard them finally. The applicant has challenged the judgment dated 17.3.2012 passed by the learned Sessions Judge, Damoh in criminal appeal No.17/2012, whereby the judgment dated 1.2.2012 passed by the learned Chief Judicial Magistrate, Damoh in criminal case No.3187/2006 was set aside and case was remanded for retrial. The facts of the case, in short, are that, a prosecution for offence punishable under section 34 (2) of the M.P.Excise Act was initiated against the applicant. Vide judgment dated 1.2.2012, the learned Chief Judicial Magistrate, Damoh in criminal case No.3127/2006 convicted the applicant for the offence punishable under section 34 (2) of the M.P.Excise Act and sentenced for 2 yeaRs.rigorous imprisonment with fine of Rs.25,000/-. During the pendency of the appe...


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