Madhya Pradesh Court December 2014 Judgments
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Devendra Singh and Others Vs. The State of M.P.
Court: Madhya Pradesh
Decided on: Dec-12-2014
S.K. Gupta, J. 1. By this Criminal Revision under Section 397 read with 401 of Cr.P.C., petitioners have challenged the order dated 12.05.2014 passed by learned Second Additional Sessions Judge, Gohad District Bhind in S.T.No.90/2014 whereby the charges for the offence punishable under Sections 498-A, 304-B of IPC and Section 4 of Dowry Prohibition Act were framed against the petitioners. 2. The case of the prosecution is that, deceased-Radha got married with Sahab Singh in the year 2012. On dated 31.10.2013 her father Fulzari Singh received information on mobile by Betal Singh that his daughter-Radha has died in the night. On this information Fulzari Singh informed to the police. After registration of Merg and enquiry, it was found that husband-Sahab Singh, mother-in-law (Munni Devi), brother-in-law (Devendra and Prem Singh) and sister-in-law (Kiran and Baby) were harassing the deceased-Radha in connection with demand of four-wheeler and Rs.2,00,000/- in cash and used to beat her. 3. ...
State of Madhya Pradesh and Another Vs. Yogendra @ Jogendra Singh and ...
Court: Madhya Pradesh
Decided on: Dec-12-2014
S.K. Gangele, J. 1. The learned Trial Judge [Third Additional Sessions Judge, Ambah, District Morena (MP)] has forwarded this Criminal Reference to this Court in terms of the provisions of Section 366 of Code of Criminal Procedure for confirmation of the capital punishment awarded to the accused Yogendra alias Jogendra Singh vide his judgment of conviction and sentence dated 24th July, 2014, delivered in Sessions Trial No.388/2013, convicting the accused for the offences punishable under sections 302, 326(k)(Three counts), and 460 of IPC and awarding him capital punishment of death sentence, life sentence on three counts and fine of Rs.25,000/- each, and ten years' RI and fine of Rs.5000/- with default stipulations, respectively. 2. The accused has also filed Criminal Appeal No.883/2014 assailing impugned judgment of conviction and sentence. 3. Both these cases are clubbed, heard together and are decided by this common judgment. 4. The accused is charged for commission of offence of de...
Jitendra Singh and Others Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-12-2014
1. This revision under Section 397 read with 401 of Cr.P.C. is directed against the order dated 9.5.2014 passed by the Special Judge, ST / ST (Prevention of Atrocities) Act, 1989 in S.T. No. 65/2013. 2. The facts just necessary for disposal of this case are- Crime No. 267/2013 was registered on 26.7.2013 at Police Station, Dehat District Bhind for the offence punishable under Sections 324, 323, 294, 506-B/34 of IPC against the petitioners on the report of complainant Badshah Singh. 3. It is alleged that at about 6 PM when the complainant Badshah Singh was at the gauda, the accused persons Deepak Singh, Jitendra Singh and Shivbeer Singh tried to fix wooden pole in the gauda of the complainant, which the complainant Badshah Singh objected. The accused Shivbeer Singh called the other accused persons to hit the complainant. Accused Jitendra Singh gave blow by Khurpi on his back and caused injury. Accused Deepak Singh gave blow by Lathi on the chest and right thigh of the complainant. Co- a...
Parmanand Gupta Vs. Bhagwati Devi and Others
Court: Madhya Pradesh
Decided on: Dec-11-2014
1. This petition filed under Article 227 of the Constitution challenges the order dated 14.9.2011 passed by the learned District Judge, Shivpuri in Case No. 6074/11. 2. The respondent No.1/plaintiff filed a suit for declaration and possession. The respondent No.1, mother of petitioner, filed the aforesaid suit. It is alleged that petitioner has manufactured a power of attorney and on the basis of said fake power of attorney, sold some part of property to respondent No.3. The present petitioner/defendant No.1 filed the written statement and challenged the plaintiff's allegations. It is submitted that plaintiff herself executed power of attorney in favour of petitioner. The property was sold on the basis of a genuine and valid power of attorney. It is stated that the suit was filed on the pressure of plaintiff's sons Lalit and Harisharan because they have enmity with the petitioner. 3. In the said civil suit, the Court below framed issues. It is the case of the petitioner that his brothe...
Hemant Choubey Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-11-2014
1. Heard. This revision under Section 397 read with Section 401 of CrP.C. has been filed by the accused/petitioner challenging the order dated 7.10.2014 passed by the learned 2nd Additional Sessions Judge, Dabra district Gwalior in Sessions Trial No.557/2014 by which the learned Additional Sessions Judge has framed charge against the petitioner under Section 376 of IPC. 2. Facts necessary to decide this petition briefly stated are as follows: The prosecutrix lodged a report on 25.8.2014 at Police Station Dabra that in the year 2010 she was studying in Polytechnic College, Dara. She stayed in a rented house owned by the appellant Hemant Choubey. During her stay she developed friendship with Hemant Choubey. He promised her to marry. Because of which, they had love relationship and consequently developed physical relationship. When the complainant asked the petitioner to marry her, he avoided by saying that he will marry after few months. Subsequently, when the complainant pressed to marr...
Ashok Kumar Barman Vs. Kanti Gupta
Court: Madhya Pradesh
Decided on: Dec-09-2014
1. The appellant/plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 31 07 06 passed by the Court of VI th Additional District Judge, Jabalpur in Civil Suit No. 161 A/14 filed by the appellant/plaintiff for specific performance of the contract dated 09 10 02 (Ex.P 1) and permanent injunction dismissed by the Court. In this appeal the appellant referred to as the plaintiff and respondent as the defendant. 2. Admitted facts of the case are that the plaintiff had contracted to purchase the disputed land from the defendant vide agreement to sale dated 09 10 02 (Ex.P 1) for consideration of Rs.77,500/ and possession of the land was given to him. The plaintiff got issued a notice dated 22 09 03 (Ex.P 3) by postal receipt (Ex.P 4) for performance of the contract. The said notice was received by the defendant through acknowledgment (Ex.P 5). The said notice was replied by the defendant on 13 10 03 vide Ex.P 6 in which...
Dr. Rajendra Singh Yadav Vs. Union of India and Others
Court: Madhya Pradesh
Decided on: Dec-09-2014
1. Heard. 2. In this PIL, the petitioner has challenged the order dt..16.6.2014 (Annexure P/1). 3. Lakshmibai College of Physical Education, Gwalior was established on 17.8.1957 by the Government of India. In 1964 the College was affiliated to Jiwaji University, Gwalior. In 1976, it was granted National status and re-named as "Lakshmibai National College of Physical Education". Vide notification dt.21.9.1995, the Government of India, Ministry of Human Resource Development granted "Deemed to be University" status to the College and again it was re-named as "Lakshmibai National Institute of Physical Education, Gwalior (LNIPE)." The LNIPE is governed by the Memorandum of Association registered with the Registrar, Firms and Societies under the M.P.Societies Registration Act 1973. The University Grants Commission granted "Deemed to be University" status under Section 3 of the University Grants Commission Act, 1956 (hereinafter referred to as the UGC Act). The University Grants Commission in...
Sunder Lal Sahu and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Dec-08-2014
Heard counsel for the parties. Essentially two substantive reliefs have been claimed in these petitions as originally filed. The first relief is to quash the impugned order dated 26.02.2014 (Annexure P-6) issued by the Commissioner, Food Civil Supplies and Consumer Protection, Government of M.P. The second relief is a consequential relief to issue direction to the respondents to allot kerosene to the petitioners and other hawkers possessing Hawker cards in the city of Bhopal for sale under the M.P. Kerosene Dealers Licensing Orders, 1979. As regards the main relief, during the pendency of this petition, the same has become infructuous. Inasmuch as, the State Government has now issued communication dated 10.11.2014 under the signature of Deputy Secretary, Food Civil Supplies and Consumer Protection, Government of M.P. dated 10.11.2014 (Annexure A-6). As a result of that communication, the petitioner has moved application to amend the writ petition and challenge the same. We would procee...
Rishikesh Singh Vs. Seema Arora and Others
Court: Madhya Pradesh
Decided on: Dec-05-2014
This review petition has been filed for review of the order dated 05.03.2014 passed in Writ Petition No.8065/2013. Petitioner submitted an application for grant of permanent permit on 20.08.2009. The said application was considered by the authority on 25.02.2012 because on the aforesaid date arguments were heard. Before hearing the arguments, the petitioner submitted a lease agreement and an application dated 21.02.2012. Copies of the original lease agreement is in the record and it has been placed by the State Government. By the aforesaid lease agreement a vehicle bearing number MP07 P-0767 was leased out in favour of the petitioner with effect from 22.02.2012 to 28.02.2013 for the purpose of plying the vehicle on route Gwalior to Tikamgarh. Considering the application of the petitioner, the Regional Transport Authority granted the permanent permit in favour of the petitioner for the route Gwalior to Tikamgarh with one return trip daily. The objector filed an appeal before the STAT ag...
Ramniwas Vs. The State Of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Dec-05-2014
The petitioner has filed this application under Section 482 Cr.P.C. for invoking the jurisdiction of this Court seeking relief that FIR (Annexure P-1) registered at Crime No. 29/2014 at Police Station Chinor district Gwalior for the offence punishable under Sections 419 and 420 of IPC, be quashed and proceedings arising out of that crime number be also quashed. Briefly stated the facts are as follows:- The petitioner has contended that an "agreement to sale" was made by non-petitioner/respondent No. 2 Jamuna Bai in favour of the petitioner on 21.10.2011, which was registered before the Sub-Registrar, Gwalior (Annexure P-2). Subsequently, the petitioner made a publication on 09.09.2013 in the local news paper regarding the registered deed of agreement to sale (Annexure P-3). The petitioner sent a registered notice (Annexure P-4), which was duly served on the respondent No. 2. The petitioner preferred a civil suit before Additional District Judge, Gwalior seeking relief of specific perfo...
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