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Madhya Pradesh Court September 2013 Judgments

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Sep 24 2013

The State of Madhya Pradesh Vs. Umesh Giri

Court: Madhya Pradesh

Decided on: Sep-24-2013

M.Cr.C.No.7882/2009 24.09.13 Per B.D.Rathi,J Shri Vijay Pandey, Dy. Advocate General 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 29/4/2009 passed by Additional Sessions Judge, Naugaon, District Chhatarpur, in Sessions Trial No.238/05, whereby respondents namely Umesh Giri, Gopal Giri and Premchandra Giri have been acquitted of the offence punishable under Section 302 read with 34 of the Indian Penal Code (for short the IPC).Prosecution case, in brief is that, in the night intervening 13th and 14th of July 2005, by the side of a Road in front of Gayatri Mandir at Naugaon, respondents, in furtherance of their common intention, committed the murder of Ramgopal Choubey by beating him with Lathi and Danda. Learned Dy. Advocate General submitted that the impugned judgment was passed without prop...


Sep 24 2013

The State of Madhya Pradesh Vs. Kamlesh Tiwari

Court: Madhya Pradesh

Decided on: Sep-24-2013

M.Cr.C.No.7443/2013 24.09.13 Per B.D.Rathi,J Shri S.K.Kashyap, 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 22/3/2013 passed by I Additional Sessions Judge, Chhatarpur in Sessions Trial No.294/12, whereby respondents namely Kamlesh Tiwari and Baba Kachhi have been acquitted of the offences punishable under Sections 363, 366-A and 376(2)(g) of the Indian Penal Code (for short the IPC).Prosecution case, in brief is that, on 14/4/11 at about 8 a.m., upon a false promise to marry, one Neta Trivedi enticed her to Jhansi Railway Station, wherefrom respondent no.1 took her to Delhi. From Delhi, she was taken by the respondents in a Truck to Chennai and in the way both of them subjected her to rape several times, one after the other. Thereafter on 17/4/11, Neta Trivedi met them ...


Sep 24 2013

Smt. Indira Bai Patel Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-24-2013

Cr.A.No.877/2012 24.9.13 Per B.D.Rathi,J Shri S.P.Singh, Advocate for the appellant. Shri S.K.Kashyap, Government Advocate for respondent no.1-State. 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 14.2.2012 passed by Sessions Judge, Katni, in Sessions Trial No.36/10, whereby respondent nos.2 to 4 (for brevity the respondents) namely Ravi Shanker, Raju and Santosh have been acquitted of the offences punishable under Sections 326/34, 323/34 and 506 of the Indian Penal Code (IPC for short).Prosecution case, in brief, is that owing to a dispute an year prior to the date of incident between Munnalal Patel, husband of complainant Indrabai and the respondents with regard to entering of cattle in the field, respondents were nurturing grouse against them. On 2/10/09 at about 6 a.m., as complainant came out of her house, respondents, armed with weapons, while abus...


Sep 24 2013

N.S. Chouhan Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-24-2013

HIGH COURT OF MADHYA PRADESH : JABALPUR. Writ Petition No.13936/2007 N.S.Chouhan. Vs The State of M.P.and otheRs.PRESENT : Honble Shri Justice K.K.Trivedi.J.Ms.Amrit Ruprah, learned counsel for the petitioner. Shri Rahul Jain, learned Govt. Advocate for respondents. ORDER (24.9.2013) Initially when the writ petition was filed, the petitioner has called in question the order dated 19.7.2007 issued by the respondent No.1, by which after holding the review Departmental Promotion Committee (hereinafter referred to as DPC for brevity) in terms of the directions given by this Court in a previous writ petition of the petitioner, it was communicated to the petitioner that he is not found fit for grant of promotion on the post of Chief Engineer in Public Works Department. Many facts were contended by the petitioner with respect to such a consideration and it was contended that earlier the petitioner was superseded in the matter of promotion, was required to approach the M.P.Administrative Tribu...


Sep 24 2013

The State of Madhya Pradesh Vs. Sharda Dubey

Court: Madhya Pradesh

Decided on: Sep-24-2013

M.Cr.C.No.14176/2012 24.09.13 Per B.D.Rathi,J Shri Vijay Pandey, Dy. Advocate General 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 23/8/2012 passed by I Additional Sessions Judge, Katni in Sessions Trial No.182/11, whereby respondents namely Sharad Dubey, Anil Kumar Garg and Rajbhan Upadhyay have been acquitted of the offences punishable under Sections 460 in alternative 302 or 302/34 and 380 of the Indian Penal Code (for short the IPC).whereas co-accused Vijay has been convicted under Section 302 of the IPC and sentenced accordingly. Prosecution case, in brief is that, on 6/8/11, respondents along with co-accused Vijay not only trespassed into the house of complainant Champabai, but also caused death of her husband Babulal Gupta and committed theft of silver ornaments worth Rs.36,000/-. Re...


Sep 24 2013

Hari Prasad Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Sep-24-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.1681/1997 Hari Prasad Vs. State of M.P. As Per : G.S.Solanki, J.Shri Siddharth Datt, Advocate for the appellant. Shri C.K. Mishra, GA for the respondent/State. JUDGMENT (24 /09/2013) This criminal appeal has been preferred by the appellant u/s 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment dated 25/07/1997 passed by Sessions Judge, Panna in S.T. No.94/94 whereby he has been convicted u/s 498-A of IPC and sentenced to undergo RI for 3 years & fine of Rs.1000/- in default to suffer further SI for 6 months.2. The prosecution case, in brief, is that marriage of appellant and deceased Gunta Bai was solemnized before 7 years of the incident. It is alleged against this appellant and his parents, mother Dropadi Bai and father Bhaddu that they were committing cruelty on deceased Gunta Bai. In this regard a Panchayat was 2 organized where appellant made an agreement that in future he will not make any cruelty...


Sep 24 2013

Narayn Singh Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Sep-24-2013

1 HIGH COURT OF MADHYA PRADESH JUDICATURE AT JABALPUR Criminal Appeal No.2503/1997 Narayan Singh Vs. State of Madhya Pradesh *** Shri Satish Chaturvedi, learned counsel for the appellant. Shri C.K. Mishra, learned Government Advocate for the State. *** JUDGMENTS2409.2013 1. The appellant has preferred this appeal being aggrieved by impugned judgment dated 18.11.1997 passed by the learned Special Judge [Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)]. Act (hereinafter referred to 'the Act'), Sehore in S.T. No.89/1997 by which appellant has been convicted under Sections 3(1)(x) of the Act and sentenced to undergo RI for 6 months and fine of Rs. 500/-, in default of payment of fine, he shall further undergo RI for 45 days.2. Facts, in short, giving rise to this appeal are that on 23.9.1996 at about 6.30 AM, complainant Indra Singh (PW1) and his brother-in-law Suresh (PW4) were going to Barkheda. When they reached near the house of the accused, the accused came out and inte...


Sep 24 2013

Suresh Prasad Vs. Rambod

Court: Madhya Pradesh

Decided on: Sep-24-2013

M.Cr.C.No.7743/2010 24.09.13 Per B.D.Rathi,J Shri Vivek Rusia, Advocate for the applicant. Heard on I.A.No.15561/10 for condonation of delay in preferring this application for leave to appeal. As per Office note, the application is barred by 16 days. Considering the reasons assigned therein, the I.A.is allowed and the delay in filing the application is hereby condoned. Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(4) of the Code of Criminal Procedure (hereinafter referred to as the Code) being aggrieved with the judgment dated 27/4/2010 passed by Judicial Magistrate FiRs.Class, Burhanpur, in Criminal Case No.711/2009, whereby respondents have been acquitted of the offence punishable under Sections 294, 452 and 323 read with 34 of the Indian Penal Code (for short the IPC).Facts contained in the complaint case, in brief are that, on 21/5/2000 at about 7.30 p.m., respondents not only filthily abused complainant Suresh Prasad, but al...


Sep 24 2013

Dr. Swati JaIn Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-24-2013

CRR No.1416/2011 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava CRIMINAL REVISION No.1416/2011 .........Applicant: Dr. Swati Jain w/o Dr. Sourabh Choudhary (Jain) OccupationDoctor (MS Gynecologist) R/o E-380, Samdaria City, Madhav Nagar, KATNI Versus .......Respondent : State of Madhya Pradesh through Police Station Madhavnagar, District Katni -------------------------------------------- Shri Rohit Jain, Advocate for the applicant. Shri Anubhav Jain, Public Prosecutor for the respondent- State. -------------------------------------------- Date of Hearing :18. 09/2013 Date of Order :24. 09/2013 ORDER (24.09.2013) This revision under Section 397/401 Cr.P.C. has been filed by the accused assailing the order dated 8.6.2011 passed by learned Fourth Additional Sessions Judge, Katni in S.T. No.77/2009 thereby framing charge against her for the offence punishable under Section 314 of the Indian Penal Code (in short IPC.). CRR No.1416/2011 -2- 2. Th...


Sep 24 2013

Uttam Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-24-2013

1 Cr.A. No.1090 of 2007 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH: HONBLE SHRI JUSTICE SUBHASH KAKADE CRIMINAL APPEAL NO.1090 of 2007 APPELLANT : Uttam S/o Sitaram Yadav Aged 25 years, R/o Village Madavan Gouri, Thana Multhoun, District Sagar (M.P.) Versus RESPONDENT : The State of Madhya Pradesh Through P.S. Multhoun District Sagar (M.P.) ----------------------------------------------------------------------------------- Smt. Chanchal Sharma, Advocate for Legal Aid for the appellant. Shri Piyush Dharmadhikari, Government Advocate for the respondent /State ---------------------------------------------------------------------------------- Judgment reserved on :25. 07.2013 Judgment delivered on :24. 09.2013 (JUDGMENT) Appellant Uttam has filed this appeal under Section 374(2) of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 17/02 / 2 007 passed by the Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Sagar in Special Cas...


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