Madhya Pradesh Court April 2013 Judgments
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Vinod Kumar Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
M.Cr.C.No.1796/2013 5.4.2013 Shri R.S.Patel, Advocate for the applicant. Shri R.K.Kesarwani, PL for the State. This is the second bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail. Previous application M.Cr.C.No.4527/2012 was dismissed on merits on 21.6.2012. The applicant is in custody since 8.11.2011 in connection with Crime No.142/2011 registered at P.S.Orchha, District Tikamgarh for the offences punishable under Sections 307, 302, 148, 149 of the IPC and Section 25/27 of the Arms Act. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He has not assaulted deceased Lokesh. As per prosecution itself, the injury stated to have been caused by the applicant by firearm, was sustained by Nikesh on his palm, which was not dangerous to life. After dismissal of previous application, as many as 11 witnesses have been examined by the trial Court including Dr. M.P.Singh, who treated Nikesh. The applicant...
Mansoor Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.1650/2005 Mansoor Vs. State of MP Present : Honble Mr. Justice R.S. Jha. For the appellant : Shri Rajeev Badkul, advocate. For the respondent : Shri Yadvendra Dwivedi, PL JUDGMENT (05.04.2013) The appellant has filed this appeal being aggrieved by the judgment dated 27.07.2005 passed by the 12th Additional Sessions Judge (Fast Track Court), Jabalpur in Session Trial No.184/05 whereby the appellant having been found guilty of an offence punishable under section 489(A) of the I.P.C. has been sentenced to seven years rigorous imprisonment with a fine of Rs.5000/- and additional period of 1 years imprisonment in case of default of deposit of the fine.2. The prosecution case against the appellant is that on 15.12.2004 when the police raided the premises of Anwar alias Baba falling under the jurisdiction of Police Station, Hanumantal, Jabalpur in the afternoon, the accused Anwar alias Baba, Farjan, Mumtaz, Siraz alias Puttar, Moinu...
Rameshwar (Mistri) Gupta Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
M.Cr.C.No.3674/13 5.4.13. Petitioner by Shri Manish Datt, Sr.Advocate with Shri Rahul Sharma, Advocate. Shri Ramesh Kushwaha, PL for State. Heard finally with the consent of counsel for parties. This petition under Section 482 of Cr.P.C.has been filed to invoke the extra ordinary jurisdiction of this Court in order to give effect to anticipatory bail order dated 22.11.05 passed in M.Cr.C.No.7886/05. Trial Court, while deciding Special Case No.20/09 on 18.2.13 acquitted co-accused Lucki @ Surendra from charges and declared petitioner Rameshwar Gupta with co-accused Smt. Urmila Rai absconding. Learned counsel appearing for petitioner submits that petitioner is apprehending his arrest by the trial Court despite an order of anticipatory bail in his favour in the above M.Cr.C.No.7886/05 dated 22.11.05. His submission is that he has never been informed about submission of challan and trial of the case. His further submission is that in the trial of Co.accused Lucki, statements of prosecutrix...
Smt. Asha Vishwakarma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
Writ Petition No :4297. / 2013 Smt. Asha Vishwakarma versus State of MP and others 05.04.2013. Shri Rajeev Barkur for the petitioner. Shri Rajesh Tiwari, Government Advocate, for the State on advance notice. Matter pertains to appointment of Notary in the District of Katni. The question with regard to appointment of Notary in the District of Katni is pending with the Government since the year 2007. Records indicate that after a writ petition in the matter was decided by this Court on 5.1.2009, vide consolidated order passed in various writ petitions bearing W.P.No.7328/2008 (Ayaz Ahmad Khan and others versus State of MP and otheRs.and other cases vide Annexure P/1, the District Judge concluded the necessary formalities and forwarded the matter to the State Government in the Department of Law and Legislative Affairs sometime in the year 2010. Since then records shows that the matter is pending with the competent authority of the State Government and no action has been taken. Keeping in ...
Parmu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
Writ Petition No ::4635. / 2013 Parmu and others versus State of MP and others 05.04.2013. Shri O.P.Dwivedi for the petitioneRs.Smt. Sharda Dubey, Panel Lawyer, for the State. Interalia contending that petitioners are owner of a tank situated in KhaSr.No.141, Area 11.252 Hectares situated in Village Partala, Tehsil and District Jabalpur, the property is their ancestral property and respondents 9 to 17 are interfering with their possession, petitioners have filed a complaint inspite thereof the police authorities are not taking action. This writ petition has been filed seeking a direction to the police authorities to take action on the complaint of the petitioners against respondents 9 to 17. According to the averments made in the petition, it is seen that with regard to the dispute in question, civil proceedings are pending in the Civil Court at Jabalpur. As a civil dispute is already pending between the parties, it is not appropriate for this Court to interfere in a writ petition and ...
Shakun Bai Vs. Neem
Court: Madhya Pradesh
Decided on: Apr-05-2013
Writ Petition No ::18461. / 2012 Shakun Bai and another versus Neema 05.04.2013. Shri Pushpendra Dubey for the petitioneRs.Challenge in this writ petition under Article 227 of the Constitution is made to an interlocutory order-dated 12.9.2012, passed by the 2nd Civil Judge Class II, Betul in Civil Suit No.33- A/2011, whereby an application filed by the petitioner for inspection of the land in question and submission of a Commissions Report has been rejected. Petitioners are plaintiff and have filed the suit in question for restoration of possession and in the said suit the application has been rejected mainly on the ground that for the purpose of collection of evidence a Commission cannot be appointed. That apart, it is found by the Court that already a report of the Revenue Inspector has been filed and the Revenue Inspector has conducted inspection on three occasions and submitted report. Taking note of all these circumstances, the application is rejected. Rejection of the application...
Narmada Mission Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
W.P.No.5347/2013 Narmada Mission State of M.P.& others 5.4.2013 Shri G.P.Singh, counsel for petitioner. Shri Vivek Agarwal, G.A., for respondent nos.1, 2 & 4. This petition is admitted for final hearing. Notice on behalf of respondent nos.1, 2 & 4 is accepted by Shri Vivek Agarwal, learned G.A.Issue notice to the other respondents. Steps within a period of three days by speed post. Notice be made returnable before next date of hearing. Be listed for hearing on 15.5.2013. Ad-interim writ. It is submitted by the petitioner that in the river Narmada, the public are immersing idols made by plaster of paris or other materials and for beautification of idols toxic colours are used, which are creating pollution in the river Narmada. It is also submitted that the aforesaid idols are immersed at Gwarighat and downstream water is being supplied to the township of Jabalpur. Such polluted water is being provided as drinking water to the township. It is submitted that in identical circumstances the...
Smt. Pooja Pandey Vs. Santosh Pandey @ Narayan Pandey
Court: Madhya Pradesh
Decided on: Apr-05-2013
Criminal Revision No.302/2013 05.04.2013 Shri A.P.Singh, Advocate for the applicant. None for the respondent. Heard on admission. By Criminal Revision under Section 397/401 of Cr.P.C.the applicant has challenged the order dated 7.1.2013 passed by the learned Additional Sessions Judge, Nagod District Satna in Criminal Revision No.241/2012, whereas the order dated 29.8.2012 passed by the learned JMFC Uchehara District Satna (Shri A.K.Singh) in MJ.No.13/2012 was set aside in which interim maintenance of Rs.3000/- per month was granted to the applicant. The brief facts of the case are that that the applicant is a divorced wife of the respondent, who has moved an application under Section 125 of Cr.P.C.before the trial Court on the ground that she is unable to maintain herself. After considering the interim maintenance application, the learned JMFC has granted a sum of Rs.3000/- per month towards the interim maintenance to the applicant vide order dated 29.8.2012, whereas in the criminal re...
Parusuttam Das Bilaiya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-05-2013
M.Cr.C.No 3288/2012 05.04.2013 None for the petitioner. Smt. Pratibha Mishra, Panel Lawyer for the respondent No.1. Shri Aditya Sharma, learned counsel for the respondent No.2. None for the respondent No.3 & 4. Petitioner has filed this petition under Section 482 of Cr.P.C., for restoration of M.C.C.32/2012 which was rejected on 3.2.2012 for want of prosecution, that petition was also filed for restoration of M.Cr.C.No.1264/11 was also rejected vide order dated 21.11.2011 for want of prosecution. Learned counsel for the respondent No.2 submits that Criminal Case No.1739/2008 pending before the Court of Chief Judicial Magistrate, Katni has already been decided vide order dated 25.9.2012 and the accused persons have been acquitted in the aforesaid case. Certified copy of the judgment dated 25.9.2012 was produced for perusal of the Court. Submission of the learned counsel for the respondent No.2 is found to be correct. Therefore, the petition having become infructuous, is hereby rejected....
M/S Madhya Bharat Sadak Nirman Pvt.Ltd. Vs. the State of Madhya Prades ...
Court: Madhya Pradesh
Decided on: Apr-05-2013
1 W.P.No.18418/12 5/04/13 Shri K.L.Gupta, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the State. An appeal filed by the petitioner under Section 44 of the M.P.Land Revenue Code is pending before the S.D.O. Nazul M.P.Nagar Circle Bhopal since more than a year and the only relief claimed in this writ petition is that the appellate authority be directed to decide the appeal of the petitioner as is filed in Annexure P-1. The order sheets filed by the petitioner as contained in Annexure P-2 shows that the appeal is pending since 2010 and there is no reason as to why the relief as claimed for is not granted. In view of the above, it is directed that on the petitioner's filing a certified copy of this order namely the S.D.O. before whom the appeal Annexure P-1 is pending shall decide the same in accordance with law after hearing all concerned within a period of two months from the date of receipt of certified copy of this order. With the aforesaid, petition s...
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