Madhya Pradesh Court April 2013 Judgments
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Raju @ Raj Kumar Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C.No.4003/2013 15.4.2013 Shri B.J.Chourasiya , counsel for applicants. Shri Chandrakant Mishra, GA , for the State. With the consent of the parties, heard finally. This is the fiRs.bail application filed under Section 438 of the Cr.P.C.for grant of anticipatory bail to applicants. The applicants apprehend their arrest in connection with Crime No.28/2013 registered at Police Station Rajnagar, District Chhatarpur for the offence punishable under Sections 451, 323, 294, 506 r/w 34 and 452 of IPC. Learned counsel for the applicants submits that applicants have been falsely implicated in the case. They have no criminal past. Initially the offence punishable under Sections 451, 323, 294, 506 r/w 34 of IPC was registered against the applicants. Thereafter during investigation an offence under Section 452 of IPC has been added against them. Except the offence punishable under Section 452 of IPC all other offences are bailable. They are ready to co-operate in the investigation. Applicants ...
Zaheer Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C. No.4032/2013 15.4.2013 Shri B.J.Chourasiya , counsel for the applicant. Shri Chandrakant Mishra, GA , for the respondent/State. Heard. This is an application under Section 439 of Cr.P.C for grant of bail. Applicant has been arrested in connection with Crime No.64/2013 registered at Police Station Kotwali, Damoh for offence punishable under Sections 304-B, 306, 498-A of IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has no criminal past. The applicant is husband of the deceased Tabussam. Learned counsel further submits that deceased herself stated in her dying declaration that she burnt accidentally and this fact is repeatedly stated by her. Trial would considerable time for its conclusion, therefore, he prays for grant of bail to the applicant. Learned counsel for the State has objected the prayer for grant of bail and submitted that looking to the postmortem report, deceased could not be burnt accidentally up to 80...
Krishna Kumar Dubey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
W.P.No.5610/2013 Krishna Kumar Dubey State of M.P.& others 15.4.2013 Shri Nitin Shukla, counsel for petitioner. Shri P.K.Kaurav, Addl. A.G., for respondents. This Public Interest Litigation has been filed against the shifting of headquarter of irrigation scheme from Kolar Canal Division Rehti to Seep Kolar Project Division Nasrullaganj on the ground of administrative exigency and to utilise the infrastructure to the maximum. Learned counsel for petitioner submits that by shifting of the Division there will be burden on the State exchequer because of the visiting of the officers from Rehti to Nasrullaganj and the establishment of the office at Rehti was beneficial to the villageRs.On being asked how the interest of the villagers will be affected by shifting of the headquarter, learned counsel for petitioner was unable to satisfy us. These are administrative decisions by the respondents and it is for the respondents to look into the administrative necessity of the establishment of an off...
Bhagvati Yadav Vs. Smt. Malti
Court: Madhya Pradesh
Decided on: Apr-15-2013
C.R.No.147/2013 (Bhagvati Yadav versus Smt. Malti wd/o Prahlad) 15.04.2013 Shri A.V.Choudhary, learned counsel for the applicant. Heard. This revision has been filed by the applicant being aggrieved by order dated 05.02.2013 by which the defence of the applicant has been struck out. It is submitted by the learned counsel for the applicant that without fixing provisional rent the defence could not have been struck out as there is a dispute regarding quantum of rent. From a perusal of the impugned order it is clear that the respondent/plaintiff had filed an application requiring the applicant to deposit the arrears as well as the current rent under section 13 of the M.P.Accommodation Control Act which was decided on 23.07.2012 and the applicant was directed to deposit the entire arrears of rent along with the current rent failing which his defence would be struck out. Orders in that regard was also issued by the court below on 08.10.2012. On 05.11.2012 the court below had directed the ap...
Aazad Bahadur Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C.No.2817/2013 15.4.2013 Shri J.N.Tripathi, 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 20.1.2013 in connection with Crime No.336/2011 registered at Police Station Beohari, District Shahdol for offence punishable under Sections 363, 366, 376, 343, 506-II of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Prosecutrix is more than 16 years of age. 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 ...
Maharaj Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
1 W.P.No.4950/2013 Maharaj Singh State of M.P.& others 15.4.2013 Shri D.K.Patel, Counsel for petitioner. Shri P.K.Kaurav, Addl.A.G.for respondents. Petitioner has challenged election process of Seva Sahakari Samiti, Maidwara, District Tikamagarh on various grounds, in this petition including rejection of nomination paper by the Returning Officer. From the perusal of the petition, it appears that elections have already been held in the month of January, 2013 and the results of the various elections have already been declared. Against such elections, a remedy is provided under Section 64 of the M.P.Cooperative Societies Act, 1960. Petitioner is having efficacious alternative statutory remedy by filing a 'dispute' against such elections and alleged illegal rejection of nomination paper as is provided under clause (v) of sub-section (2) of Section 64 of the M.P.Cooperative Societies Act, 1960. The Election Tribunal while considering the dispute can also decide the grievance of the petition...
Roop Singh Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Apr-15-2013
1 AFR HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR DIVISION BENCH Criminal Appeal No.1604/2003 Roop Singh, s/o Trilok Singh Thakur, aged 57 years, r/o village Hamirgarh, PS Lakhnadaun, District Seoni, Presently residing at Jhuggi No.194, Bheem Nagar, Jahangirabad, district Bhopal, M.P. Versus State of Madhya Pradesh through PS Jahangirabad, district Bhopal, M.P. ----------------------------------------------------------------------------------------- For the Appellant: Shri Saumen Mukherjee, Advocate. For the State: Shri Amit Pandey, Panel Lawyer. ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- PRESENT: HONOURABLE SHRI JUSTICE RAKESH SAKSENA HONOURABLE SHRI JUSTICE D.K. PALIWAL ----------------------------------------------------------------------------------------- Date of hearing:02. 04/2013 Date of Judgment:15. 04/2013 JUDGMENT Per: Rakesh Sa...
Gulab Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
W.P.No.5669/2013 15.4.2013 Shri Hitendra Singh, counsel for petitioner. Shri P.K.Kaurav, Addl. A.G., for respondents. This Public Interest Litigation has been filed assailing the order Annexure P-1 issued by the respondent no.3 directing all the District Managers of M.P.State Civil Supplies Corporation to store 50% of the milled rice in the godown of the Food Corporation of India. It is submitted by Shri Singh that he is challenging this order, in so far as, it relates to, to the Sidhi District where there is no godown of the Food Corporation of India and the nearest godown is at Satna. It is submitted that 50% of the rice purchased by the respondent no.4 has to be shifted to Satna and thereafter at the time of requirement it is to be re-shifted from Satna to Sidhi. Considering aforesaid, we direct Shri P.K.Kaurav, to seek instructions from the respondents in respect of the grievance of the petitioner. Be listed for hearing on 29.4.2013. C.C., as per rules. (Krishn Kumar Lahoti) (Smt.V...
Santosh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
M.Cr.C. No.4034/2013 15.4.2013 Shri B.J. Chourasiya, counsel for the applicant. Shri Chandrakant Mishra, GA, for the State. Heard finally. This is an application under Section 439 of Cr.P.C.The applicant is in custody since 14.1.2013 in connection with Crime No.302/2012 registered at Police Station Hindoriya, District Damoh for offence punishable under Sections 307, 452, 294, 436, 147, 148, 323 of IPC, Section 25/27 of Arms Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Injured has already been discharged from the hospital. All other coaccused persons have been released on bail. The applicant is in jail 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 cou...
Shriram Shanker Toley Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-15-2013
Criminal Revision No.2093/2010 15.04.2013 Shri Anil Khare, Sr.Advocate with Shri Som Mishra, Advocate for the applicant. Shri S.K.Kashyap, Public Prosecutor for the respondent-State. Heard on the question of admission. This Criminal Revision under Section 397/401 of Cr.P.C.has been filed by the applicant being aggrieved by the order dated 22.9.2010 passed by the learned FiRs.Additional Sessions Judge, Jabalpur in Special Case No.325/2010, whereby the charges of offence under Section 409 read with Section 120- B of IPC were framed against the applicant. The prosecution's case, in short, is that the applicant was the Chief Manager of the State Bank of India, Adhartal Branch, Jabalpur in the relevant time. In his tenure there were 80 cases were found in which improper loans were given with the knowledge that such amount will not be recovered. On complaint the police investigated the matter and filed a charge sheet. The learned counsel for the applicant has submitted that the applicant was...
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