Madhya Pradesh Court April 2013 Judgments
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Doulate Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C.No.4635/2013 15.4.2013 Shri B.J.Chourasiya, counsel for the applicant. Shri Chandrakant Mishra, GA for the State. Heard finally. This is an application for modification of order dated 4.4.2013 passed in M.Cr.C.No.2096/2013. Learned counsel for the applicant submits that due to his inadvertence the police station Hinauta has been written in place of Bamitha, in the previous petition. He further submits that though the amount of Rs.2,72,000/- was sanctioned, however only the amount of Rs.1,09,950/- was spent, therefore, 50% of the said amount will be Rs.55,000/-. The applicant is ready to deposit the aforesaid amount. However, due to inadvertence, that fact was also not brought to the notice of this Court therefore, the Court has directed to deposit 50% amount (i.e.Rs.1,36,000/-)under protest. He filed a certificate of Secretary and Sarpanch of Gram Panchayat, Chhatarpur in support of his contention and prays for modification of the order dated 4.4.2013. Learned counsel for the St...
Abdul Wahid Khan Vs. Abdul Majeed Khan
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.C.C.No.394 15. 04-2013 Heard Shri Ravindra Bisen, learned counsel for the applicants on the application for restoration of S.A.No.558/2006. It is submitted by the learned counsel for the applicants that he was out of station due to personal reason, therefore, he could not attend the case when the same was taken up for hearing which resulted in dismissal of the appeal for want of prosecution. It is further submitted that the reasons for non- appearance of the appellants before the Court are bona fide and the same being sufficient and justified cause, the second appeal be restored to its original number. The application is supported by an affidavit of the applicants' counsel and as the reasons stated therein appear to be bona fide, the application for restoration is allowed. S.A.No.558/2006 be restored to its original number. A copy of this order be placed in the record of S.A.No.558/2006 . M.C.C.stands allowed accordingly. (R.S.Jha) Judge a...
Vijay Kumar Mehta Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C.No.4022/2013 15.4.2013 Shri Deepak Singh, counsel for the applicant. Shri Chandrakant Mishra, GA, for the State. Heard. This is an application under Section 439 of Cr.P.C.The applicant is in custody since 2.3.2013 in connection with Crime No.9/2013 registered at Police Station Chopna, District Betul for offence punishable under Sections 379, 411/34 of IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. All offences levelled against the applicant are triable by Magistrate. Charge sheet has already been filed and trial would take considerable time for its conclusion, therefore, prays for grant of bail to applicant. Learned counsel for the State opposes the prayer. On due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail to the applicant. The app...
Anil Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
W.P.No.19514/2012 15/04/2013 Shri Anurag Sahu, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for the State. Shri K.K.Singh, learned counsel for Respondent No.1. Shri Brijesh Choubey, learned counsel for Respondent No.3. Shri V.P.Tiwari, learned counsel for Respondent No.4. Petitioner was a student, who sought admission in the B.Ed. CouRs.for the academic session 2007-08. Petitioner was short listed for being granted admission and was called for counselling by the Barkatullah University, Bhopal/Respondent No.3, petitioner participated in the counselling and was allocated the institute of Respondent No.5, whereby the petitioner prosecuted the study, completed the course, appeared in the examination but when the result was not declared, this writ petition has been filed seeking direction for declaration of the result. On notice being issued, respondents have filed the return. Respondent No.2 the competent statutory authority has filed a reply and after pl...
Laxminarayan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.632/2012 Laxminarayan & others VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Shri A.D.Mishra, counsel for the applicants. Shri Prakash Gupta, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- ORDER (Passed on the 15th day of April, 2013) The applicants were convicted for the offence punishable under sections 325/34 of IPC vide judgment dated 29.9.2011 passed by the learned JMFC, Sehore (Shri Upendra Pratap Singh) in criminal case No.1549/2010 and each sentenced for 6 months' rigorous imprisonment with fine of Rs.1,000/-. In criminal appeal No.250/2011 vide judgment dated 28.3.2012, the learned Sessions Judge, Sehore partly allowed the appeal, the sentence for the offence punishable under section 325 of IPC was reduced to the period from 6 months ...
Nishant Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
Writ Petition No.6101/2013 15/04/2013 Shri A.K.pandey, Advocate for the petitioner. This Public Interest Litigation (PIL) has been filed by the petitioner for seeking directions to the respondents to correct or cancel the BPL & APL list of ward No.20 of Municipal Corporation, Rewa (MP).on the ground that name of various persons have been wrongly recorded in the said list, who are not eligible to be recorded in the said list. In the petition, we find that the petition is based on Newspaper cutting and the petitioner has not done any exercise in this regard. In the aforesaid circumstances, at present we are of the view that petitioner may raise this grievance by filing a representation to respondent no.2- The Commissioner, Municipal Corporation, Rewa. If any such representation is made by the petitioner to respondent no.2, respondent no.2 shall looked into the grievance of the petitioner and to do needful in accordance with law. With the aforesaid direction, this petition is disposed of....
Premlal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
Criminal Revision No.1540/2012 15.04.2013 Shri Arun Paroha, counsel for the applicant. Shri Prakash Gupta, Panel Lawyer for the respondent/State. Heard on I.A.No.17673/2012, an application under Section 5 of the Limitation Act. Looking to the period of delay, application is allowed. The delay of three days in filing the present revision is hereby condoned. Heard on admission. The applicant is convicted for the offences punishable under Sections 452 and 323/34 (three counts) of IPC and sentenced with till rising the Court with fine of Rs.500/- for each counts. After considering the submissions made by the learned counsel for the applicant and the evidence adduced against the applicant, there are sufficient eyewitnesses, who have proved the guilt of the applicant and therefore, there is no illegality visible in the conviction directed by both the Courts below for the offences punishable under Sections 452 and 323/34 (three counts) of the IPC. So far as the sentence is concerned, both the...
Sharad Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C.No.3447/2013 15/04/2013 Shri Manish Datt, Sr.Counsel with Shri N. Datt, Advocate for the applicant. Shri Vivek Lakhera, PL for the respondent/State. Heard finally. This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail. Applicant has been arrested on 8/12/2012 in connection with Crime No.396/2012 registered at P.S.Slimnabad, District Katni for the offence punishable under sections 302, 201 of IPC. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. As per prosecution it is alleged that this applicant has committed the murder of deceased Babita. It is further submitted that there is no direct evidence against this applicant. The sole case rests on the circumstantial evidence and chain of circumstantial evidence is already broken. Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. Learned counsel f...
Shyamlal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C.No.3423/2013 15/04/2013 Shri A.K.Rawat, Advocate for the applicants. Shri Vivek Lakhera, PL for the respondent/State. Heard finally. This is the fiRs.application filed by applicants under Section 438 of the Cr.P.C for grant of anticipatory bail. Applicants are apprehending their arrest in connection with Crime No.38/13, registered at police station Jatara, District Tikamgarh for the offence punishable under section 294, 323, 324, 325, 326, 506- B, 34 of IPC. Learned counsel for the applicants submits that applicants have been falsely implicated in this case. It is further submitted that initially the offence was registered u/s 294, 323, 324, 325, 506-B, 34 of IPC against these applicants and they have been released on bail. Later on, learned Magistrate took the cognizance u/s 326 of IPC and issued a warrant of arrest against these applicants. As per prosecution itself it is alleged that applicant Shyamlal has assaulted the complainant by ballam on his head but no fracture was fo...
Ram Siromani Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
WP 5465.13 Writ Petition No.5465 of 2013 (Ram Siromani Singh versus The State of M.P.and four otheRs.15-04-2013 Shri R.P.Singh, learned counsel for the petitioner. Heard. Petitioner, Patwari, calls in question the order dated 19-02-2013; whereby, he has been transferred to Halka Khamariya, tehsil Kotar, district Satna, on the ground that for more than four years the petitioner has been posted within Municipal limit. In absence of any material suggesting that the transfer of petitioner from one Patwari Halka to another is initiated with malafide, no interference is caused as it is within the powers of Collector to mobilize its men force which is purely an administrative act. In result, petition fails and is dismissed. (SANJAY YADAV) JUDGE SC...
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