Madhya Pradesh Court April 2013 Judgments
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Prani Mitra Samiti Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
W.P.No.2509/2013 18.04.2013 Shri R.N.Singh, learned Senior Advocate Senior with Shri Arpan J. Pawar, counsel for the petitioner. Shri R.D.Jain, learned Advocate General with Shri P.K.Kaurav, learned Addl. Advocate General for the respondent Nos.1 & 2. Shri Kishore Shrivastava, learned Senior Advocate for respondent Nos.1 to 8 by filing I.A.No.5615/2013 seeking intervention in the matter. Shri Rajendra Tiwari, learned Senior Advocate and Shri Vivek Tankha, learned Senior Advocate with Shri Abhishek Tiwari and Shri Akshay Sapre, learned counsel for Association of Industries, M.P.for intervention. I.A.No.5615/2013 has been filed on behalf of Distilleries who are engaged in manufacture and supply of Country Liquor Indian Made Foreign Liquor and bottling it in PET Bottles (Polyalkylene Teraphathalates) for selling of liquor as per the policy of the State Government. It is submitted by Shri Shrivastava that as per policy of the State Government the manufacturer of liquor, both Country and In...
Shri Shri 1008 Shri Thakur Madan Mohanlal Ji Maharaj Trust Vs. Public ...
Court: Madhya Pradesh
Decided on: Apr-18-2013
Writ Petition No ::6121. / 2012 Shri Shri 1008 Shri Thakur Madan Mohanlal J.versus Public in General 18.04.2013. Matter has been placed for orders in the light of the communication dated 25.3.2013, received from the Court of 13th Additional District and Sessions Judge, Jabalpur. By the aforesaid communication, the learned Presiding Officer of the trial court has prayed for extension of time to complete the proceedings. It is stated that vide order-dated 15.1.2013, this Court had directed for deciding the matter within 60 days. Pointing out that the Presiding Officer has been transferred and a new incumbent is to take charge, one months further time is sought for concluding the proceedings. Keeping in view the aforesaid and finding the request made to be reasonable, the time limit fixed for conclusion of the proceedings, as directed by this Court on 15.1.2013, is extended by a further period of 45 days with effect from today. Certified copy as per rules. (RAJENDRA MENON) JUDGE Aks/-...
Gyan Prakash Vs. Government of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
1...W.P.No.529 o18. 04.2013 Petitioner Shri Gyan Prakash present in person. Shri R.D.Jain, learned Advocate General for the State. I.A.No.3596/13, for taking rejoinder filed by the petitioner on record. The prayer made in the application is not opposed by the respondent hence, the rejoinder is taken on record. It is submitted by petitioner Gyan Prakash that the respondents are appointing Director of Prosecution dehors the provisions of sub-Section 2 of Section 25-A of the Code of Criminal Procedure. It is submitted that the Director of Prosecution can be appointed, who is qualified in accordance with the provision of sub-Section 2 of Section 25-A of the Code and that too with the concurrence of the Chief Justice of the High Court. It is submitted that the Director of Prosecution can not be appointed contrary to the said provisions. Shri R.D.Jain, learned Advocate General submitted that the aforesaid contention is not correct. The correspondence between the State Govt. and the High Cour...
Kamlesh Singh Kanwar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
M.Cr.C.No.2673/2013 18/04/2013 Shri U.K.Sharma, learned Sr.Advocate with Shri R.K.Patel, learned counsel for the applicant. Shri Prakash Gupta, learned PL for the State. This is the third bail application of the applicant, who has been arrested in Crime No.455/2008 for offences under Sections 147, 148, 149, 341, 342, 201, 307, 302 of I.P.C.Even though, earlier bail application was rejected on the ground that the applicant's name is indicated in the FiRs.Information Report showing him to have assaulted the deceased with a 'lathi' but not after dismissal of the FiRs.Bail Application, more than four years back on 20th of April, 2009, statements of various witnesses have been recorded, which include the statement of Janak Dulari, wife of the deceased and it seems that there is certain discrepancies in the statement of the witnesses which goes to show that false implication of the applicant cannot be ruled out. That apart, applicant is under custody since 14.9.2009 and the trial is prolongi...
Aghaya Ram Jaggi Vs. Dr. Ashok Kum,ar Mukherjee
Court: Madhya Pradesh
Decided on: Apr-18-2013
M.Cr.C.No ::12837. / 2012 Aghaya Ram Jaggi versus Dr. Ashok Kumar Mukherjee 18.04.2013. Shri S.K.P.Verma for the petitioner. Shri M. Shafiquallah for the respondent. Seeking quashment of the Complaint Case No.7648/2011, pending in the Court of Judicial Magistrate FiRs.Class, Jabalpur for an offence under section 138 of the Negotiable Instruments Act, registered at the instance of the respondent, petitioner has filed this application under section 482 of the Code of Criminal Procedure. Case of the respondent before the trial court was that petitioner has issued to him a cheque on 19.10.2010, for a sum of ` 50,000/-. The cheque was presented for encashment in the Maharashtra Bank, Jabalpur on 31.12.2010 and on the ground that amount in the account is not sufficient, the cheque was dis-honoured. Respondent thereafter filed a complaint and based on the preliminary evidence that came on record, complaint has been registered. Now, it is the case of the petitioner that the account in question...
Shankarlal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
Cr.R.No.455/2013 18/04/2013 Shri Aniruddh K. Mishra, learned counsel for the applicants. Shri Prakash Gupta, learned PL for the State. Learned counsel for the parties are heard on I.A.No.5956/2013, an application filed for suspension of sentence. Applicants have been convicted for offences under Section 454 and 380 I.P.C and sentenced to undergo one year & six months R.I.on each count along with the fine amount of ` 500/-. The fine amount has been deposited and taking note of the aforesaid period of conviction, I.A.No.5956/2013 is allowed. On the applicants' furnishing a personal bond in the sum of ` 20,000/- (Rupees Twenty Thousand Only) with one surety each of the like amount to the satisfaction of the trial court, the applicants (Shankarlal and Suneel) be released on bail and the operation of the sentence of imprisonment shall remain suspended during the pendency of this revision. Applicants shall appear before the trial court on 8th of July, 2013 and on such other date as may be or...
indrajeet Singh Alias Munnilal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-18-2013
Cr.R.No.564/2013 18/04/2013 Shri Hakim Khan, learned counsel for the applicant. Shri Prakash Gupta, learned PL for the State. Challenging his conviction under Section 325 I.P.C and sentencing him to undergo three months' R.I.with a Fine amount of ` 5,00/-, this revision is filed under Section 397 read with Section 401of the Criminal Procedure Code. Having heard learned counsel for the parties and on perusal of the records, it is seen that the applicant has already undergone sentence of more than one month and taking note of the nature of allegations levelled against the applicant, interest of justice would be met, in case, the sentence is modified by convicting the applicant to the imprisonment already undergone and the fine amount doubled. In view of the above, this application is allowed. Maintaining the conviction ordered by the trial court under Section 325 I.P.C., the sentence of imprisonment modified to the extent of the imprisonment already undergone by the applicant and the fin...
Shahnaz Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-18-2013
HIGH COURT OF MADHYA PRADESH : AT JABALPUR Cr. R. No.1501/1999 SHAHNAZ Versus THE STATE OF MADHYA PRADESH Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------- Shri A. K. Jain, learned counsel for the petitioner. Shri Prakash Gupta, learned Panel Lawyer for the State -------------------------------------------------------------------------------------- Whether approved for reporting: Yes / No.ORDER ( 18/4/2013 ) Challenging her conviction for an offence under Section 392 of IPC and the sentence of two years imprisonment with fine of Rs.250/-, applicant has filed this revision under Section 397 of Code of Criminal Procedure and calls in question conviction ordered by Judicial Magistrate First Class, Gadarwara on 4th May, 1998 in Criminal Case No.262/1997 and its affirmation in appeal by the Additional Sessions Judge, Gadarwara vide order dated 1.10.99 passed in Criminal Appeal No.48/98.2. According to the pro...
Thutaiya and ors. Vs. Kalua and anr.
Court: Madhya Pradesh
Decided on: Apr-18-2013
1 S.A No.1026/1997 HIGH COURT OF MADHYA PRADESH AT JABALPUR SECOND APPEAL NO.1026/1997 APPELLANTS : THUTAIYA (Since Deceased) L.R's JAGSURIYA AND OTHERS Vs. RESPONDENTS : GOVIN PRASAD AND OTHERS. Present : Hon'ble Shri Justice R.S. Jha. For the appellants : Shri Ashok Pali, Advocate. For the respondent/State : Shri S. P. Rai, Panel Lawyer. -------------------------------------------------------------------------------------- JUDGMENT (18/04/2013) Being aggrieved by the judgment and decree dated 28.8.1997 passed by the Additional District Judge, Panna in Civil Appeal No.57-A/94 affirming and confirming the judgment and decree dated 29.4.1994 passed by the Civil Judge Class-II, Panna in Civil Suit No.146-A/91 by which the suit filed by the respondents/plaintiffs has been decreed, the appellants/defendants have filed this appeal before this Court.2. The brief facts, leading to the filing of the present appeal, are that about 36.498 Hectares of land situated in Patwari Halka No.55 Village ...
Veeranlal Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Apr-18-2013
Criminal Revision No ::1213. / 1999 Veeran Lal versus State of Madhya Pradesh 18.04.2013. Shri Harpreet Ruprah for the petitioner. Shri Prakash Gupta, Panel Lawyer, for the State/respondent. Heard learned counsel for the parties. 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 17.10.1997, in Criminal Case No.496/1996, by the Judicial Magistrate FiRs.Class, Lakhnadon convicting him under sections 409 and 420 of the Indian Penal Code and sentencing him to undergo 1 years RI and fine of `2000/-; and, 1 years RI and fine of ` 1,500/- respectively. The conviction has been upheld in appeal by the learned Additional Sessions Judge, Lakhnadon in Criminal Appeal No.130/1997 vide judgment dated 3.8.1999, therefore, the petitioner is before this Court. The allegation against the petitioner is that between 1.11.1989 to 6.11.1989, he was made Sarpanch of the Gram Panchayat in question and after withd...
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