Madhya Pradesh Court April 2013 Judgments
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Anand Kumar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-22-2013
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.652/1999 Anand Kumar VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Shri A.Usmani, counsel for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- ORDER (Passed on the 25th day of April, 2013) The applicant was convicted for the offence punishable under section 409 of IPC vide judgment dated 1.5.1998 passed by the JMFC, Jabalpur (Shri Rakesh Shrotiya) in criminal case No.453/1993, whereby he was sentenced for 3 years' rigorous imprisonment with fine of Rs.5,000/-. In criminal appeal No.32/1998, the learned Second Additional Sessions Judge, Jabalpur partly allowed the appeal. The conviction was maintained but, the sentence was reduced from a period of 3 years to a period of one year but, there was no change in the f...
Allu @ Umesh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2013
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.489/2013 Allu @ Umesh VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Shri K.G.Saxena, counsel for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- ORDER (Passed on the 24th day of April, 2013) The applicant was convicted for the offence punishable under section 324/34, 341 of IPC and section 25 of the Arms Act vide judgment dated 25.8.2011 passed by the JMFC, Jabalpur (Shri Sanjay Kumar Shahi) in criminal case No.19725/2006 and sentenced for 6 months' rigorous imprisonment with fine of Rs.100/-, 10 days simple imprisonment and 1 year's rigorous imprisonment with fine of Rs.200/- respectively. In criminal appeal No.51/2013, the learned Fifth Additional Sessions Judge, Jabalpur dismissed the appeal on 20.10.2012 b...
Bihari Das Morchale Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2013
W.P.No.2553/2013 22/4/2013 Shri Pradeep Naveriya, Advocate for petitioner. Shri Puneet Shroti, P.L.for respondents/State. Arguments heard. This is a petition, under Article 226 of the Constitution of India. The petitioner, who was duly elected to represent as a Member in Ward No.9 of the Janpad Panchayat Baihar, Distt. Balaghat, is aggrieved by acceptance of his resignation (Annexure P/1) tendered on 26/12/2012. He has, therefore, prayed for - (a) certiorari quashing of letter-dated 28/12/2012 (Annexure P/6) authored by the President, Janpad Panchayat, intimating recommendation for acceptance of his resignation and (b) mandamus directing respondent nos.2 and 3 to accept withdrawal thereof, communicated through letter dated 29/12/2012 (Annexure P/2).The prayer has been opposed primarily on the ground that the resignation submitted voluntarily has already been accepted in accordance with the provisions of Section 37 of M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter refer...
Jaikrishna Kamla Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2013
1 HIGH COURT OF MADHYA PRADESH ; JABALPUR M.Cr.C No.3374/2013 Jaikrishna Kamla and others Vs. State of M.P. For the Applicants : Shri Raghuvendra Kumar, Advocate. For Respondent : Shri Pramod Chourasia, Panel Lawyer. ORDER (22 /04 /2013 ) U.C. Maheshwari,J.The applicants have filed this petition under section 482 of the Cr.P.C for quashment of the entire proceedings of criminal case No.1787/11 pending against them for their prosecution under section 304-A of the IPC in the court of CJ.Betul. As such this petition has been filed after passing the order by the Addl. Sessions Judge, Betul vide dated 18.9.12 in Cr.R.No.15/12 whereby the order dated 19.1.12 passed by the aforesaid CJ.Betul in aforesaid criminal case framing the charge of section 304-A of the IPC against the applicants, has been affirmed.2. The facts giving rise to this petition in short are that on dated 17.12.09 deceased Parasram Wankhede accompanied with other laborers, was working in the Coal Mine of WCL situated in vill...
R.P. Sharma Vs. National thermal Power Corporation Ltd.
Court: Madhya Pradesh
Decided on: Apr-22-2013
1 C.R.No.173/2013 R.P.Sharma versus National Thermal Power Corporation 22.04.2013 Shri Pushpendra Yadav learned counsel for the applicant. Heard on the question of admission. The applicant has filed this revision being aggrieved by order dated 30.1.2013 passed by the XIIth Additional District & Sessions Judge, Bhopal in MJ.No.319/2012 by which the applicant's application under section 152 CPC for correction in the judgment and decree dated 30.3.2012 passed in RCS No.69-B/05 has been rejected. It is contended by the learned counsel for the applicant that there was a calculation error in the amount mentioned in the decree after calculating the interest and on that count the application for correction has been filed which has wrongly been rejected. From a perusal of the impugned order it is clear that the court has examined this aspect and has specifically stated that the court in the judgment and decree dated 30.3.2012 has decreed the suit as far as the claim regarding interest @ 11% per...
Vimlesh Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
M. Cr.C.No.1285/13 18/04/13 Shri K.P.Singh, learned counsel for the applicants. Shri Prakash Gupta, learned Panel Lawyer for respondent No.1. Shri Anirudh Singh, learned counsel for respondent No.2. Challenging the order dated 9/11/12 passed by the Judicial Magistrate FiRs.Class, Satna in Criminal Case No.1767/09 dismissing an application filed under Section 320 (2) of the Cr.P.C. in the matter of compounding an offence Under Section 498-A of I.P.C. r/w Section 3 /4 of the Dowry Prohibition Act, this application has been filed under Section 482 seeking quashment of the proceedings in view of the compromise entered into between the parties. Learned counsel for the applicants invites my attention to the principle laid down by the Supreme Court in various cases and followed by a Bench of this Court in the case of Bhavuk Sharma and others versus Anju Sharma (Smt.) and another, 2010 (1) M.P.H.T.499 and submits that in the light of the aforesaid principle even though an offence U/s 498-A is ...
Smt. Urmila Rajak Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
Writ Petition No.7036 of 2013 (Smt. Urmila Rajak versus State of Madhya Pradesh and four otheRs.18/04/2013 Shri Ankit Agrawal, learned counsel for the petitioner. Shri Piyush Dharmadhikari, learned Govt. Advocate for the respondents/State on advance notice. Respondents in view of the issue raised does not wish to file reply, instead rely upon circular not lh 3-11/12/1/3, dated 03-11-2012. With consent therefore, heard finally. Being aggrieved by the action of respondents in denying the petitioner to participate in the counselling for appointment as Samvida Shala Shikshak Grade I on the ground that she is over age present writ petition has been filed seeking direction to the respondents to consider her for appointment by extending relaxation as per Rules. Facts uncontroverted are that petitioner belongs to other Backward Class, presently working as Samvida Shala Shikshak Grade III under women's quota appointed since 16-09-2006 at Primary Schools, Bhita, Janpad Panchayat Shahpura (Bhiton...
Battulal Keshar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-18-2013
Criminal Revision No ::1510. / 1999 Battulal Kahar versus State of Madhya Pradesh 18.04.2013. Shri Harpreet Ruprah for the petitioner. Shri Ajay Tamrakar, Panel Lawyer, for the State. Challenge in this revision petition under sections 397/401 of the Code of Criminal Procedure is made to the conviction of the petitioner ordered on 29.10.1998, in Criminal Case No.109/1994, by the Judicial Magistrate FiRs.Class, Gadarwara convicting him under sections 451 and 380 of the Indian Penal Code and sentencing him to undergo 2 years RI and fine of `200/-; and, 2 years RI and fine of `300/- respectively. The conviction has been upheld in appeal by the learned Additional Sessions Judge, Gadarwara in Criminal Appeal No.83/1998 vide judgment dated 28.9.1999, therefore, the petitioner is before this Court. Having heard learned counsel for the parties and on a perusal of the records, it is seen that the incident took place on 3.11.1993, more than 20 years back, and petitioner has already undergone impr...
Tulsiram Sahu Vs. Mangi Bai
Court: Madhya Pradesh
Decided on: Apr-18-2013
M.Cr.C.No ::12200. / 2011 Tulsiram Sahu versus Mangi Bai 18.04.2013. Shri Atul Anand Awasthy for the petitioner. Shri Madan Singh for the respondent. Challenging the concurrent orders passed by Judicial Magistrate FiRs.Class, Hata, District Damoh in Criminal Case No.44/2010, granting maintenance to the respondent wife and the order passed by the Sessions Judge, dismissing the revision filed by the petitioner, this application has been filed under section 482 of the Code of Criminal Procedure. Petitioner and respondent were married and on the ground that the petitioner has refused to maintain her, proceedings were initiated by the respondent wife under section 125 CrPC and the Court has granted maintenance of `600/- per month alongwith certain expenses. Challenging the same a revision was filed and by a detailed order-dated 23.9.2011, the learned District and Sessions Judge has dismissed the revision and, therefore, this petition. It was canvassed by Shri Atul Anand Awasthy, learned cou...
Raseed Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Apr-18-2013
1 Criminal Appeal No.938/2005 Raseed State of M.P.18.4.2013 Shri V.P.Singh, Counsel for appellant. Shri Jaideep Singh, Dy.GA for respondent. I.A.No.1791/2013 under section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail Medical report from the jail has been received, which is perused. From the perusal of the report, it appears that the appellant is suffering from old ailment of backache. His Mr.was performed long back. As there is no facility in the jail for MRI, a CT Scan also could not be done since 26.12.2012. However, the doctor has opined that the present condition of the appellant is satisfactory. Learned counsel for appellant submits that appellant is in custody since 11.6.2002. Earlier he was allowed a temporary bail but he had surrendered on 26.3.2011 immediately after completion of period of temporary bail. During this period, he had not misused liberty. It is also submitted by the learned counsel that this appeal is of 2005 and it will t...
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