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Madhya Pradesh Court January 2014 Judgments

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Jan 27 2014

Ramjan Sheikh Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

Writ Petition No :: 19812 / 2012 Ramjan Sheikh versus State of MP and others 27.01.2014. Shri S.S.Tiwari for the petitioner. Shri Lalit Joglekar, PL, for the State. Shri Manas Verma for respondent No.1. Petitioner has filed this writ petition and the relief claimed for in paragraph 7 reads as under: (i) Honble High Court may kindly be pleased to issue a writ of mandamus commanding respondent No.1 to 5 to direct the authorities of Forest and Mining Departments to adhere to (the) rules, regulations, law and procedure strictly. (ii) Honble Court may kindly be pleased to issue a writ of mandamus commanding the respondents to levy huge fine on the trucks carrying load than their capacity. It is stated by the petitioner that respondents 1 to 5 are not following the rules pertaining to Mining, Forest etc.Respondents have filed a return and point out that based on the directions issued by this Court and the monitoring being done, in various cases filed in Public Interest, filed extract of circ...


Jan 27 2014

Ramnarayan Singh Vs. Police Station Kotwali the State of Madhya Prades ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

M.Cr.C.No.614 of 2014 27.01.2014 Shri Sanjeev Kumar Singh, learned counsel for the applicant. Shri Bramhadatt Singh, learned Govt. Adv.for respondent-State. Heard. On behalf of the applicant, this petition is filed under Section 438 of Cr.P.C for grant of anticipatory bail as he is under apprehension of his arrest in connection of Crime No.904/13, registered against him at Police Station Kotwali Sidhi, District Sidhi for the offence of Sections 419, 420, 467, 468, 471, 120-B of IPC. Applicant's counsel after taking me through the papers placed on record alongwith the impugned order argued that the applicant had purchased the disputed land in consideration through alleged registered sale deed and in such premises, he being bonafide purchaser has not committed any offence. He also said that the land of the complainant was sold by the same person to two different persons, out of them only the applicant was one of them. At the time of such transaction, the applicant did not know whether th...


Jan 27 2014

Summa Vs. Girja Bai Judgement Given By: Hon'ble Shri Justice Rajendra ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

Writ Petition No :: 19467 / 2012 Summa and another versus Girja Bai and others 27.01.2014. Shri A.L.Patel for the petitioners/defendants. Shri Lalit Joglekar, PL, for respondent No.3/State. None appears for the respondents 1 and 2/plaintiffs even though notices have been issued and more than six months have passed. Petitioners are defendants and have filed this writ petition under Article 227 of the Constitution of India, challenging the order-dated 27.9.2012 passed by Civil Judge Class I, Katni in Civil Suit No.28-A/2012, whereby an application filed by the petitioners under Order VII Rule 14 of the Code of Civil Procedure, has been rejected. Learned counsel for the petitioners invited my attention to the order in question and argues that the learned court found that the documents are certified copies and can be taken on record and they also seem to be necessary for adjudication of the dispute between the parties. However, the application is rejected only on the ground that it has bee...


Jan 27 2014

Bhavana Pant Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

CRR No.1376/2011 Criminal Revision No.1376/2011 27.1.2014 Shri Pushpendra Dubey, counsel for the applicant. Heard on admission. The respondents are acquitted by the learned Chief Judicial Magistrate, Chhindwara in criminal case No.2050/2008 vide judgment dated 8.12.2010 from the charges of offence under section 498-A of IPC, whereas the judgment passed by the trial Court was confirmed in criminal appeal No.73/2011 vide judgment dated 28.6.2011 passed by the learned Sessions Judge, Chhindwara. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision. The prosecution's case, in short, is that, the applicant had lodged an FIR before the Police Station City Kotwali, District Chhindwara that the respondent Anil was her husband and remaining respondents were parents and relatives of her husband Anil Kumar. The marriage of the applicant took place on 10.3.2008 and thereafter, the respondent assaulted her and harassed her. After a month of her marriage, sh...


Jan 27 2014

The State of Madhya Pradesh Vs. Rashid Khan @ Mammamiyan Judgement Giv ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

Criminal Revision No.1018/2011 27.01.2014 Shri G.S.Thakur, Panel Lawyer, for the applicant-State. Heard on admission. The State has preferred this revision against the order dated 4.2.2011 passed by the Additional Sessions Judge, Bhopal in ST No.712/2010. The brief facts of the case are that the deceased Tilak Bahadur committed suicide leaving a suicidal note that the respondents gave him a threat to assault and they took his entire pension. It was also established by the prosecution that the deceased Tilak Bahadur took a sum of Rs.7500/- from the accused Rashid Khan as a loan and thereafter he demanded the sum. Ultimately after investigation a charge sheet was filed for the offence under Section 306 of IPC and Sections 3/4 of Protection of Debtors Act (for short Act).The learned Additional Sessions Judge after considering the submissions made by the learned counsel for the parties discharged the respondents from all the charges. After considering the submission made by the learned cou...


Jan 27 2014

Durga Prasad Dubey Vs. the State of Madhya Pradesh Judgement Given By: ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

- 1 -1 W.P.No.9083/2008 (s) 27/1/2014 : Shri Sanjay Verma, learned counsel for the petitioner. Shri Lalit Joglekar, learned Panel Lawyer for the respondents. Petitioner at the relevant time when this writ petition was filed in the year 2008 was working as Deputy Director, Finance/ Deputy Secretary in the M.P.Legislative Assembly and feels aggrieved due to non consideration of his case for grant of selection grade. Grievance of the petitioner is that a review DPC was held vide Annexure P/2 on 1.5.2001 for considering the case of the petitioner for grant of selection grade but as the case has not been properly considered, this writ petition has been filed. The writ petition is filed in the year 2008, more than six years have passed and the respondents have not filed any reply. When the matter was taken up for hearing on 13.1.2014 and prior to that on 22.11.2013, respondents were granted time to file the reply with a stipulation that no further time shall be granted. Inspite thereof, neit...


Jan 27 2014

Rajesh Sharma Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

M.Cr.C.No.15288/2013 27/01/2014 Shri S.C.Datt, Sr.Advocate with Shri Nishant Datt, Advocate for the applicants. Shri S.D.Khan, Public Prosecutor for the respondent-State. As prayed by the learned counsel for the parties, matter is heard finally. The applicants have preferred the present petition under Section 482 of Cr.P.C.to quash the proceeding of Crime No.454/2013 registered at Police Station GRP Katni for the offence punishable under Sections 323, 294, 384, 506, 354, 342 and 355/34 of IPC. The brief facts of the case are that on 25.10.2013 a special haunt was directed by the applicants for inspection of the tickets particularly in Kamayani Express, and therefore more than 70 Ticket Collectors were deployed to check the tickets and at Platform No.3, 39 passengers were found without tickets. They were taken to the RPF Police Station and after sometime they deposited the fine and penalty and thereafter they were released. Thereafter in the evening one Ishwarchand Tripathi had given a ...


Jan 27 2014

Pradeep Sahu Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

M.Cr.C.No.15364/2013 M.Cr.C.No.15364/2013 27.1.2014 Shri Umesh Tripathi, counsel for the applicants. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent No.1. Shri Pankaj Tiwari, counsel for the objector. Heard the learned counsel for the parties. The applicants have moved an application under section 407 of the Cr.P.C.for transfer of S.T.No.430/2013 from the Sessions Court, Jabalpur to the Court of any sessions division on the ground that no Advocate is ready to defend the applicants. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that Shri Shyam Vishwakarma, Advocate is still willing to continue with the accused Chandan, though it was alleged that some of the advocates misbehaved with Shri Shyam Vishwakarma, Advocate because he took the case for one of the accused. Similarly, an affidavit was submitted on behalf of Shri Ajay Singh, Advocate that he is not willing to defend the accu...


Jan 27 2014

Ms. Libna Niazi Vs. Adil Mohd. Warsi Judgement Given By: Hon'ble Shri ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

Criminal Revision No.141/2014 27.01.2014 Shri Aditya Narayan, Advocate for the applicant. Heard on admission. The applicant has challenged the order dated 18.1.2013 passed by the Principal Judge, Family Court, Bhopal in MJ.No.337/2012 whereby interim maintenance was granted to the applicants No.2 and 3 @ Rs.10,000/- per month to each of them. The brief fact of the case is that the applicants No.1, 2 and 3 are wife and children of the respondent. The applicant No.1 is working as a Teacher and she had moved an application under Section 125 of Cr.P.C.against the respondent before the Family Court, Bhopal. Vide order dated 18.1.2013 the learned Principal Judge, Family Court, Bhopal has granted maintenance of Rs.10,000/- per month each to the applicants No.2 and 3, whereas no interim maintenance was granted to the applicant No.1. After considering the submission made by the learned counsel for the applicant, it appears that the applicants have grievance that the respondent has hidden his en...


Jan 27 2014

Koshlesh Prasad Pandey Vs. Kamleshwar Nath Mishra Judgement Given By: ...

Court: Madhya Pradesh

Decided on: Jan-27-2014

M.Cr.C.No.14687/2012 M.Cr.C.No.14687/2012 27.1.2014 Shri Brijendra Kushwaha, counsel for the applicant. Shri O.P.Tripathi, counsel for the respondent No.1. Shri G.S.Thakur, Panel Lawyer for the State/ respondent No.2. Heard on admission. The applicant has moved an application under section 482 of the Cr.P.C.to quash the proceedings of criminal complaint case No.497/2012, pending before JMFC, Sirmour, District Rewa for offence punishable under sections 353/34, 323/34 of IPC. The prosecution's case, in short, is that, the respondent No.1 had lodged an FIR against the applicant that on 5.1.2011 he entered in the premises of Primary School, Kharhari and abused the complainant and assaulted him while he was doing his public duties. The complainant had lodged an FIR but, no charge-sheet has been filed by the police. Under such circumstances, the complainant filed a criminal complaint before the concerned Magistrate. After considering the submissions made by learned counsel for the parties an...


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