Madhya Pradesh Court August 2013 Judgments
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Summer Singh Kourav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-30-2013
1 Writ Petition No. 9039 Of 2013 30.8.2013 Shri Shyam Yadav, learned counsel for the petitioner. Smt. Sharda Dubey, learned counsel for respondent Nos. 1 and 2. Shri Satish Chaturvedi, learned counsel for respondent No. 5. Shri Pratyush Tripathi, learned counsel for respondent No. 7. Petitioner, a member of Gram Panchayat, Nayakheda, vide this petition under Article 226 of Constitution of India seeks direction to respondent No. 2, Collector, Narsinghpur to take action against respondent Nos. 6 and 7, Sarpanch and Secretary, Gram Panchayat, Nayakheda, in respect of the alleged irregularities committed by them in work related to MNREGA. Direction is also sought for to Lokayukta to register Criminal Case against respondent Nos. 6 and 7. Notices were issued to respondents, whereon respondent Nos. 1, 2 and 5 have filed return. Respondent Nos. 1 and 2 in their reply have stated that on earlier occasion complaint made by the p...
Ram Kumar Mishra Vs. Krishna Kumar Mishra
Court: Madhya Pradesh
Decided on: Aug-30-2013
1 Writ Petition No.4789 of 2012 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.4789 of 2012 PETITIONER: Ram Kumar Mishra S/o late Shri Pooranlal Mishra, aged about 58 years, R/o Galla Bazar Chhatarpur, Present Address- Satai Road, Chhatarpur, District Chhatarpur (M.P.) Versus RESPONDENT:1. Krishna Kumar Mishra, aged about 51 years, S/o late Shri Pooranlal Mishra, R/o Galla Bazar Chhatarpur, District - Chhatarpur 2. Brajendra Kumar Mishra,aged about 48 years, S/o late Shri Pooranlal Mishra, R/o Galla Bazar Chhatarpur, District Chhatarpur (M.P.) ______________________________________________________ Shri Manot Chansoriya, Advocate for the petitioner. Shri Anoop Saxena, Advocate for the respondent No.1. Ms Sarita Kanojiya, Advocate for the respondent No.2. ORDER (30.08.2013) By this petition under Article 227 of the Constitution of India, the petitioner is challenging the validity of impugned order dated 2 Writ Petition No.4789 o...
Chandra Keshav Nag Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-30-2013
M.C.C.No.1028/2013 (Chandra Keshav Nag..versus State of M.P.& otheRs.30-08-2013 Heard Shri Kabir Giri, learned counsel for the petitioner on the application for restoration of W.P.No.13741/2013. It is submitted by the learned counsel for the petitioner that he being out of station on the date the petition was listed for hearing, could not appear to attend the hearing of the case when the petition was called for hearing which resulted in dismissal of the petition. It is further submitted that the reasons for non-appearance of the petitioner before the Court are bona fide and the same being sufficient and justified cause, the writ petition be restored to its original number. The application is supported by an affidavit of the petitioner's counsel and as the reasons stated therein appear to be bona fide, the application for restoration is allowed. W.P.No.13741/2013 be restored to its original number. A copy of this order be placed in the record of W.P.No.13741/2013. M.C.C.stands allowed a...
Samay Lal Tripathi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-30-2013
W.P.No.14315/2013 (Samay Lal Tripathi..Vs..State of M.P.& otheRs.30-08-2013 Shri V.D.S.Chauhan, learned counsel for the petitioner. Shri S.M.Lal, learned G.A.for the State/respondents. Heard on the question of admission. The petitioner has filed this petition being aggrieved by the order dated 27-6-2013 (Annexure P-3) by which he has been placed under suspension by the District Education Officer, Sidhi. It is submitted by the learned counsel appearing for the petitioner that the petitioner is working on the post of Assistant Teacher and, therefore, in view of the notification of the State Government dated 22-8-2008 (Annexure P-2) the power to take disciplinary action against any officer has been conferred upon the Joint Director and in such circumstances, the impugned order passed by the District Education Officer, Sidhi, suspending the petitioner is contrary to law. The learned counsel for the petitioner relied upon the decision of this Court rendered in W.P.No.1977/2013 decided on 11...
Santosh Kumar Vishwakarma Vs. M.P.State Electricity Board
Court: Madhya Pradesh
Decided on: Aug-30-2013
W.P.No.13988/2013 (S.K.Vishwakarma versus State of MP and otheRs.30.08.2013 Heard Ms.Rajeshwari Nair, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by orders dated 31.07.2013 and 03.08.2013 by which he has been transferred from Sub Division Jabalpur to Civil Sub Division Mandla. The petitioner alleges that he has been transferred in violation of the transfer policy (Annexure P/6) dated 11.01.2011. A Division Bench of this Court in R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP 132.has already held that in case transfer is alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing a representation. In view of the aforesaid, without entering into the merits of the case the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation along with a co...
Kailash Khande Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-30-2013
W.P.No.13920/2013 Kailash Khande vs. State of M.P. & ORS.1 30.08.2013 Heard Shri Sidharth Datt, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 15.7.2013 by which he has been transferred as Panchayat Secretary from Gram Panchayat Mathni Bujurg, Janpad Panchayat Khandwa to Gram Panchayat Bhagwanpura, Janpad Panchayat Baldi. It is submitted by the learned counsel for the petitioner that the impugned order is contrary to Clause 4 of the transfer policy which provides for transferring a Panchayat Secretary to an adjacent Gram Panchayat. The petitioner also alleges violation of the other clauses of the policy. A Division Bench of this Court in the case of R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP 132.has already held that in case transfer is alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing...
The State of Madhya Pradesh Vs. Dilip Singh
Court: Madhya Pradesh
Decided on: Aug-30-2013
M.Cr.C.No.7151/2012. 30.8.13 Per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as the Code.) being aggrieved with the judgment dated 27/03/2012 passed by Additional Judge to the Court of I Additional Sessions Judge, Sehore, in Sessions Trial No.30/2007, whereby respondents have been acquitted of the offences punishable under Sections 365/34, 302 in alternative 302/34, 201 & 120-B of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 31/12/2006 complainant Vishram Singh lodged a report at police station Ahmadpur that his brother Vikram Singh, between 10.30 to 11 p.m., had gone to irrigate his crops but did not return till morning and despite search, could not be traced. Thereafter, on 01/01/2007 at 4.30 pm in the Med of field of Malkhan Singh, blood was found and one ...
Kamlesh Rajpoot Vs. Angad
Court: Madhya Pradesh
Decided on: Aug-30-2013
Cr.A.No.1134/2013 30.8.13 Per B.D.Rathi,J Shri Deependra Mishra, Advocate for the appellant. Shri S.K.Kashyap, Government Advocate for the respondent no.9-State. Heard on I.A.No.11339/13 for condonation of delay in preferring this appeal. As per Office note, the appeal is barred by 46 days. Considering the reasons assigned therein, the I.A.is allowed and the delay in preferring the appeal is hereby condoned. Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as the Code.) being aggrieved with the judgment dated 9/1/2013 passed by I Additional Sessions Judge, Chhatarpur, in Sessions Trial No.189/11, whereby co-accused Suraj has been acquitted of the offences punishable under Sections 148 and 506 Part II but convicted under Section 302 of the Indian Penal Code (IPC. for short) and Sections 25(1B)(a) and 27 of the Arms Act and sentenced accordingly and the respondents namely Angad, Raghuvar, Gulab, Mangal, Mulaya...
The State of Madhya Pradesh Vs. Dharmendra Pouranik
Court: Madhya Pradesh
Decided on: Aug-30-2013
M.Cr.C.No.7148/2012. 30.8.13 Per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as the Code.) being aggrieved with the judgment dated 28/02/2012 passed by the Additional Sessions Judge, Pawai, District Panna, in Sessions Trial No.136/2009, whereby respondents have been acquitted of the offence punishable under Section 304-B of the Indian Penal Code (IPC. for short).Marriage of Uma (since deceased) was solemnized with respondent no.1 on 5/5/2007 and other respondents are his family membeRs.Prosecution case, in brief, is that respondents were involved in subjecting Uma to cruelty and harassment due to not satisfaction of demand for dowry, and, under suspicious circumstances, on 5/5/09, Uma consumed poisonous substance in her matrimonial home only and, ultimately, breathed her last while being treated at Primary Heal...
The State of Madhya Pradesh Vs. Mazid Khan
Court: Madhya Pradesh
Decided on: Aug-30-2013
M.Cr.C.No.7144/2012 30.8.13 Per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. Heard on admission. This application for grant of leave to file appeal has been preferred under Section 378(3) of the Code of Criminal Procedure being aggrieved with the judgment dated 30/11/2011 passed by Additional Sessions Judge, Shahdol in Sessions Trial No.6/2008, whereby respondents namely Mazid Khan, Zakir Khan and Sheikh Mustafa Khan have been acquitted of the offences punishable under Sections 307/34 and 323/34 of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 14/12/07 at about 8.25 p.m., Afaq Ahmad (PW3) informed at Police Station Budhar that a suit pertaining to land dispute was pending between him and his uncle Sattar at SDM Court, Sohagpur. At 8 a.m., when he was going to answer the call of nature, he saw that respondents were irrigating his field and planting bushes of Barahmasi. Upon his objection, respondent no.1 gave a Tangia blow ...
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