Madhya Pradesh Court March 2013 Judgments
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Jhabariya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
CRR No.1759/1999 Criminal Revision No.1759/1999 25.3.2013 Shri Manish Datt, Senior Advocate along with Shri Nishant Datt, Advocate for the applicant. Shri G.S.Thakur, Panel Lawyer for the State/ respondent. Heard the learned counsel for the parties finally. The applicant was convicted for the offence punishable under section 325 of IPC vide judgment dated 3.7.199 passed by the learned JMFC, Khandwa (Shri R.K.Bhadrasen) in criminal case No.776/1999 and sentenced for 6 months' simple imprisonment with a fine of Rs.200/-. In criminal appeal No.69/1999, the learned Second Additional Sessions Judge, Khandwa vide judgment dated 25.11.1999, dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision. The prosecution's case, in short, is that, on 9.1.1996, at about 9 p.m.in the evening, some cattle of the applicant went inside the field of the complainant Harisewak and the applicant was bent upon to take tho...
Shrinivas Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
M.Cr.C.No.3412/2013 25.3.2013 Shri Imtiyaz Hussain, Advocate for the applicants. Shri Punit Shroti, PL for the State. Heard on I.A.No.6833/2013, an application for taking additional documents on record. Application is allowed. Documents are taken on record. Admit. Call for the case diary. Heard on I.A.No.6258/2013, an application for grant of ad-interim anticipatory bail to the applicants. The applicants apprehend their arrest in connection with Crime No.354/2012 registered at P.S.Timarni, District Harda for the offence punishable under Sections 420, 467, 468, 471, 120-B of the IPC. Learned counsel for the applicants has submitted that applicants have been falsely implicated in the case. According to the prosecution, it is alleged against the applicants that they prepared forged document and filed an application for mutation before the revenue authorities. The complainant filed a civil suit against the applicants. After mutation, an appeal was also filed by the complainant before the S...
Javed Ali @ Badshah Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
1 M. Cr.C.No.3392/2013.25.3.2013 . Shri Mohd. Sadik Khan, learned counsel for the applicants. Smt. Pratibha Mishra, learned P.L.for the respondent No.1. The applicants/ accused No.1 to 4 as well as respondent No.2 are also present in person, identified by the applicants' counsel. I am apprised by the applicants' counsel as well as of applicant No.1 Javed Ali @ Badshah and respondent No.2 Smt. Shahin Bano w/o Javed Ali while the D/o Sheikh Mubin that the divorce has taken place between the respondent No.2 and applicant No.1 on 18.2.2013. In view of such submission on asking the petitioneRs.counsel why the name of Javen Ali has been mentioned as husband of respondent No.2 in the array of petition, on which he seeks permission to delete the name of Javed Ali from the particulars of the respondent No.2. Considering his prayer permission is granted. In compliance of the same the name of the Javed Ali has been deleted by the applicants' counsel from the description of respondent No.2. The sa...
Rakesh Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
M.Cr.C.No.3381/2013 25.3.2013 Shri Abhay Sharma, 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 19.2.2013 in connection with Crime No.29/2013 registered at P.S.Majholi, District Jabalpur for the offence punishable under Sections 498-A, 304-B, 34 of the IPC and 3/4 of the Dowry Prohibition Act. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He is brother-in-law of deceased Neetu Patel. There are general allegations against the applicant of committing cruelty in relation to demand of dowry. 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 consideration of the contention raised by the learned counsel for the parties and overall facts and circum...
Satyam Goswami Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
Satyam Goswami versus State & Ors.W.P. No.4280/2013 25/3/2013 Shri Siddharth Gulatee, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Advocate for the respondents on advance notice. Grievance of the petitioner is two fold. His fiRs.grievance is that respondent No.5 refused to register a sale deed submitted by the petitioner immediately on its registration as a result the constitutional right available to the petitioner to seek compensation for acquisition of land which belongs to him is being adversely effected. Record indicates that petitioner is said to have purchased the land in question by executing the sale deed on 3.2.2011. Annexure P/1 is a copy of the sale deed. It is stated that it was presented on the same date in the office of respondent No.5 for registration, however, the sale deed was not registered and the petitioner was informed that certain administrative instructions have been issued by the respondent No.3 to the effect that all sale deeds in the ...
Surendra Narayan Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
Criminal Revision No.2418/2012 25.03.2013 Shri S.C.Datt, Sr.Advocate with Shri Priyank Awasthy, Advocate for the applicant. Shri Prakash Gupta, Panel Lawyer for the respondent-State. Heard on the question of admission. By this Criminal Revision under Section 397/401 of Cr.P.C.the applicant has challenged the order dated 21.11.2012 passed by the learned Additional Sessions Judge, Nowgaon District Chhattarpur in ST No.451/2012 whereby the charges of offence punishable under Sections 420, 467, 468, 471, 201 of IPC were framed against the applicant. The prosecution case, in short, is that the applicant produced a forged death certificate of his father during the life time of his father before the Municipal Committee Harpalpur and got his name mutated in the Municipal record relating to some houses at Harpalpur. Also he confined such document and the record of the Municipal Committee so that nobody could knot about that mutation prior to death of the deceased Durugchandra Narayan Tiwari. On...
Washim Ahmed Vs. Ku. Aysha Ahmed
Court: Madhya Pradesh
Decided on: Mar-25-2013
CRR No.218/2013 Criminal Revision No.218/2013 25.3.2013 Shri M.K.Yadav, counsel for the applicant. Shri Vijay Shukla, counsel for the respondents. Heard on admission. The applicant has challenged the order dated 27.12.2012 passed by the learned FiRs.Additional Principal Judge, Family Court, Bhopal, whereby the maintenance application under section 125 of the Cr.P.C.filed by the respondent No.2 was dismissed but, a maintenance of Rs.2,000/- was granted to the respondent No.1. After considering the submissions made by learned counsel for the parties, it is apparent that the respondent No.1 is daughter of the applicant and the applicant did not obtain her custody. Under such circumstances, he is liable to pay the maintenance to the respondent No.1. Looking to the income of the applicant and expenditure of the respondent No.1, it appears that an appropriate amount has been granted by the trial Court, by way of a maintenance. There is no basis by which any interference can be done in the im...
Prabha Bai Vs. Project Officer
Court: Madhya Pradesh
Decided on: Mar-25-2013
Writ Petition No ::7171. / 2009 Prabha Bai and others versus Project Officer, National Highway and others 25.03.2013. Shri J.L.Agnihotri for the petitioner. Shri Mohan Sausarkar for respondent No.1. Shri Rajesh Tiwari, Government Advocate, for respondent No.2. Challenging an award-dated 23.3.2009 Annexure P/1 passed by the Arbitrator exercising powers under section 3 of the National Highways Act, 1956 (hereinafter referred to as the Act of 1956).this writ petition has been filed. A preliminary objection has been raised by respondent No.1 to the effect that against the award passed by the arbitrator, a remedy as provided under section 3G(6) is available to the petitioner and as an appeal can be filed as contemplated under the Arbitration and Conciliation Act, 1996, it is stated that the petition is not maintainable. For the purpose of constructing a four lane road in Tehsil Deori, District Sagar certain land was acquired under the Act of 1956. As the acquisition proceeding was not held...
Dinesh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
M.Cr.C.No.2941/2013 25.3.2013 Shri B.J.Chourasia, 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 20.1.2013 in connection with Crime No.5/2013 registered at P.S.G.R.P.District Sagar for the offence punishable under Section 419, 467, 471 of the IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Charge sheet has been filed. 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 consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the ap...
Vinod Rai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-25-2013
M.Cr.C. No.2278/2013 25.3.2013 Shri Rahul Tripathi, counsel for the applicant. Shri C.K. Mishra, GA for the respondent/State. Heard. This is an application under Section 438 of Cr.P.C for grant of anticipatory bail. Applicant apprehends his arrest in connection with Crime No. 55/2013 registered at Police Station Pipariya, District Hoshangabad for offence punishable under Sections 420, 406, 409/34 of IPC. As per prosecution, it is alleged against applicant that he and other coaccused persons have sanctioned the loan of the Society dishonestly and misappropriated the huge amount. therefore they committed the offences punishable under Sections 406 and 409 of IPC. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case. He has no criminal past. Applicant was the Assistant Manager of Bharat Shakh Sahakari Sansthan Maryadit, Pipariya. No. the applic...
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