Madhya Pradesh Court August 2013 Judgments
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The State of Madhya Pradesh Vs. Ashok Kumar Mishra
Court: Madhya Pradesh
Decided on: Aug-22-2013
M.Cr.C.No.4402/2012 22.8.13 As per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the appellant. Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure (Code. for short) against the acquittal of respondent for the offences punishable under Sections 363, 366 and 376 of the IPC. The corresponding judgment was passed by Additional Session Judge, Pawai, District Panna, in S.T.No.74/2009 on 13.1.2012. Prosecution case, in brief, is that on 16.1.2009 complainant Komalbai informed to the police station that her daughter, Pushpa bai went to her Mausi at village Parhwar and on 15.1.2009 at about 9 am, she proceeded to her village, when in the evening she did not return, then search was made at her in-laws home and relatives but she could not be traced. On that basis on 16.1.2009, missing report was registered at Police Station, Simriya. After two months prosecutrix returned home. Her statement was recorded and acco...
Ramlakhan Mishra Vs. Madhya Pradesh Rajya Van Vikas Nigam
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.13550 / 2013 (Ramlakhan Mishra ...Vs...M.P.Rajya Van Vikas Nigam & ors.) 22-08-2013 Heard Shri Manot Chandurkar, learned counsel appearing for the petitioner, on the question of admission. The learned counsel, after arguing at length, submits that the respondent/authorities be directed to consider and decide the objections, Annexure P-5, dated 19-7-2013 raised by the petitioner while proceeding further in the matter pursuant to Annexure P-4. It is submitted by the learned counsel for the petitioner that the petitioner's objections regarding entitlement for regularization are not being considered and, therefore, the authorities be directed to do so. In view of the limited prayer made by the learned counsel for the petitioner, without entering into the merits of the case or making any comments on the entitlement of the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that on petitioners furnishing a copy of the order passed today along...
The State of Madhya Pradesh Vs. Santosh Kumar @ Santosh Choudhary
Court: Madhya Pradesh
Decided on: Aug-22-2013
M.Cr.C.No.3998/2012 22.8.13 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 12/12/2011 passed by III Additional Sessions Judge, Satna, in Sessions Trial No.416/2010, whereby respondent has been acquitted of the offence under Section 376 of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 28/9/10, when the prosecutrix, a girl aged about 7 years and a student of Class II, was alone at her home with another girl, respondent entered into her house and subjected her to rape. Upon their returning home, the incident was narrated by the prosecutrix to her father Mahesh Prasad (PW1) as well as mother Shakuntala Bai (PW2).Report was lodged on the same day at about 5.30 at Police Station Civil Line, Satna and after inves...
Heeramani Singh Vs. Umar Pratap Singh
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P. No.1951/2012 1 HIGH COURT OF MADHYA PRADESH, JABALPUR Single Bench: HON'BLE SHRI JUSTICE A.K. SHRIVASTAVA Writ Petition No.1951/2012 PETITIONERS :1. Heeramani Singh s/o Jai Pratap Singh, Occupation Agriculture 2. Smt. Ganga Singh w/o Heeramani Singh, Occupation Agriculture 3. Neeraj Singh s/o Heeramani Singh 4. Niranjan Singh s/o Heeramani Singh Occupation Agriculture, All R/o Mouza Ghughuvar, Tahsil Raghurajnagar, District Satna (MP) Versus RESPONDENTS 1 Uma Pratap Singh, s/o Paramjeet Singh Somvanshi Occupation Agriculture, R/o village Ghughuvar, Tahsil Raghuraj Nagar, District Satna (MP) 1(a) Devendra Singh s/o Late Shri Jai Pratap Singh, R/o village Ghughuvar, Tahsil Raghuraj Nagar, District Satna (M.P.) 2. State of Madhya Pradesh through Collector, Satna (M.P.) --------------------------------------------------------------------------------- Shri Anand Patel, Advocate for the petitioner/defendants. Shri Jagtendra Prasad, Advocate for the respondents No.1. None for the resp...
Smt.Geeta Jha Vs. Prankrishna Raina
Court: Madhya Pradesh
Decided on: Aug-22-2013
F.A.No.524/1999 22/8/2013: Shri Rajni Kant Khare, learned counsel for the appellant. Shri M.L.Jaiswal, learned Senior Counsel with Shri R.M.Sharma for the respondent. Challenge in this appeal filed under Section 28 of the Hindu Marriage Act is made to a judgment and decree dated 21 st July, 1999 passed by the Additional District Judge to the Court of District Judge, Rewa in Suit No.112A/1998 by which marriage between the parties has been dissolved. Plaintiff husband filed the suit in question on 26.10.1994 under Section 13 of the Hindu Marriage Act seeking dissolution of the marriage on the grounds of adultery and desertion. It was the case of the plaintiff that marriage between the parties was solemnized on 18th June, 1993 at 31/33 Police Line, Rewa in the house of one Shri Phalgo Prasad Pathak. Bidai took place on 19th June, 1993. When the parties went to stay in the house of respondent husband situated in PTS Chouraha, Rewa, it was said by the plaintiff that the marriage was solemni...
Hari Dayal Sahu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
Hari Dayal Sahu versus State of M.P.& ORS.Writ Appeal No ::754. 22. 08.2013. Shri R.K.Samaiya, learned counsel for the appellant. Shri Kumaresh Pathak, learned Dy. Advocate General for respondents. Challenge in this writ appeal, filed under Section 2(1) of M.P.Uchcha Nyayalaya Khand Nyay Peeth Ko Appeal Adhiniyam, 2005 is made to an order dated 17.6.2013 passed by a writ court in W.P.No.10233/2013. Petitioner was working as Panchayat Secretary and in view of certain order passed in a writ petition by this Court being W.P.No.803/2003 on 31.2.2013 and M.C.C.No.180/2013 a show-cause notice Annexure P-1 dated 30.5.2013, available in the record of writ petition, was issued by the Collector Teekamgarh. Challenge to the show-cause notice, W.P.No.10233/2013 was filed before the writ court and at the time of admission on 17.6.2013, learned counsel for the petitioner took remedy to withdraw the writ petition and accordingly, the following directions were passed on 17.6.2013 : 17.06.2013 Ms.Malti...
Keshav Pal Singh Vs. M.P. Rajya Van Vikas Nigam
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.13552 / 2013 (Keshav Pal Singh ...Vs...M.P.Rajya Van Vikas Nigam & ors.) 22-08-2013 Heard Shri Manot Chandurkar, learned counsel appearing for the petitioner, on the question of admission. The learned counsel, after arguing at length, submits that the respondent/authorities be directed to consider and decide the objections, Annexure P-5, dated 19-7-2013 raised by the petitioner while proceeding further in the matter pursuant to Annexure P-4. It is submitted by the learned counsel for the petitioner that the petitioner's objections regarding entitlement for regularization are not being considered and, therefore, the authorities be directed to do so. In view of the limited prayer made by the learned counsel for the petitioner, without entering into the merits of the case or making any comments on the entitlement of the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that on petitioners furnishing a copy of the order passed today along...
Pappu Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.13595/2013 Pappu Singh vs. State of M.P. & ORS.1 22.08.2013 Heard Shri Praveen Verma, the learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the charge sheet dated 30.3.2013 and the report against the petitioner dated 4.2.2013. It is submitted by the learned counsel for the petitioner that on a false complaint being made by one lady police constable Pooja Singh, an enquiry was conducted against the petitioner on the basis of which a fact finding enquiry was conducted and a report exonerating him was submitted on 5.8.2012 and on the basis of that report a punishment was imposed upon the lady police constable for making a false complaint. It is submitted that thereafter, without looking into the aforesaid aspect, simply on the basis of the fact that the State Women Commission have issued certain directions, the respondent authorities have again initiated proceedings against the petitioner ...
Faheem Khan Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P. No.2724/2002 1 HIGH COURT OF MADHYA PRADESH, JABALPUR Single Bench: HON'BLE SHRI JUSTICE A.K. SHRIVASTAVA Writ Petition No.2724/2002 PETITIONER : Faheem Khan son of Aziz Khan, R/o village Dungariya, Chhapara, Tehsil Lakhnadoun, District Seoni (M.P.) Versus RESPONDENTS 1 State of Madhya Pradesh through the Secretary, Department of Revenue, Government of Madhya Pradesh, Mantralaya, Vallabh Bhawan, Bhopal 2. Collector, Seoni 3. Additional Collector, Seoni --------------------------------------------------------------------------------- Shri Sanjay Agarwal, Advocate for the petitioner. Smt. Sheetal Dubey, Government Advocate for the respondents/State. --------------------------------------------------------------------------------- ORDER (Passed on 22nd August, 2013) The order passed in this petition shall also govern the disposal of connected W.P.No.364/2003 (Prakash Chandra Jain vs. State of Madhya Pradesh and others) since the point involved in both the petitions is same and the fa...
Sonelal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.13597/2013 Sonelal vs. State of M.P. & ORS.1 22.08.2013 Shri Raman Patel, learned counsel for the petitioner. Shri Rajmani Singroul, learned counsel for the Caveator. Heard 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 Manakwara to Gram Panchayat Kushner. It is submitted that the impugned order of transfer is violative of Clause 4 and other clauses of the transfer policy which provides that a Panchayat Secretary can only be transferred to an adjacent Gram Panchayat. It is further submitted that there is no complaint against the petitioner inspite of which he has been transferred. 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 t...
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