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Madhya Pradesh Court February 2014 Judgments

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Feb 20 2014

Kallu Gontia Vs. the State of M.P. Judgement Given By: Hon'ble Shri Ju ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Cr.R.No.552/2005. (Kallu Gotiya versus State of M.P.) 1 20/02/2014 Shri Shyam Vishwakarma learned counsel for the applicant. Shri Amit Pandey, Panel Lawyer for the respondent/State. This revision under Section 397 and 401 of the Cr.P.C.has been filed in the year 2005 and challenge is made to the conviction of the applicant under Section 325 and imprisonment for the period of three months. The incident in question took place on 28/10/1999 and even though the applicant and other co-accused were prosecuted for the offence punishable under Section 325 of IPC on the ground that applicant had assaulted the complainant with lathi on his hand as a result he sustained certain minor injuries in one of his finger, he has been convicted under Section 325 of IPC in 2004 and the applicant is on bail since filing of this revision. Revision Petition is in the year 2005 and today it is listed for hearing. Keeping in view the nature of the allegations levelled against the applicant and the period when t...


Feb 20 2014

Secretary Department of Education the State of Madhya Pradesh Vs. Heml ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

1 W.A No.55 of 2014 20.02.2014 Shri Sanjay Dwivedi, GA for the appellants. This appeal is directed against the order dated 23.8.13 passed in WP No.14370/13 by which the writ petition filed by the respondent was allowed and it was directed to the appellants herein to allow increments to the respondent from the date of her initial appointment. The appellants herein had allowed the increments from the date of acquiring the qualification of Hindi typing by the respondent. The sole contention of the appellants before this court is that the respondent had acquired the qualification on 10.4.92 so she was entitled for increment only thereafter and not from the date of initial appointment dated 18.4.90. Learned Single Judge considered the matter and relying on the earlier judgments passed in various cases allowed the writ petition. Our attention was drawn to clause-1 of the appointment order which reads thus :- mzDr izR;kf'k;ksa dks vkns'k ds fnukad ls 3 o"kksZa dh vof/k esa fgUnh eqnzys[ku ijh...


Feb 20 2014

Ramayan Prasad Dwivedi Vs. the State of Madhya Pradesh Judgement Given ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Writ Petition No.2977/2014. 20.2.2014. Ms.Malti Dadariya, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for the respon- dents-State of M.P.and its functionaries. Order-dated 12.2.2014 is being assailed vide this petition un- der Article 226 of the Constitution of India; whereby, the petitioner, a Contingency Paid Daily Wage Chowkidar, has been transferred from Integrated Child Development Service, Pushparajgarh District Anoopur to Integrated Child Development Service, Jaithari District Anoopur. Contention of the petitioner is that being a daily wager, re- spondents ought not to have transferred the petitioner from one project to another. Reliance is placed on a Full Bench decision of this Court in Ashok Tiwari versus M.P.Text Book Corporation 2010(2) M.P.L.J662 In Ashok Tiwari (supra).it has been held - 19. The next question of importance, which requires consideration for answering the question referred to would be with regard to the fact as to whether...


Feb 20 2014

Meera Pandey Now Smt. Meera Tiwari Vs. Vyasmuni Dwivedi Judgement Give ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Criminal Revision No.687/2009 20.02.2014 None for the applicant. Shri Akhilendra Singh, Public Prosecutor for the respondent No.2-State. The present revision was filed in the year 2009, whereas the learned counsel for the applicant is not appearing in the case. Initially it was dismissed for want of prosecution on 22.6.2011 and again it was restored. Thereafter none appeared for the applicant even on today. Under such circumstances, the question of admission is considered. The respondent No.1 was convicted for the offence under Section 325 of IPC and sentenced with six months' RI with fine of Rs.2000/- by the JMFC Theothar in Criminal Case No.200/2006. In Criminal Appeal No.220/2008 the learned FiRs.Additional Sessions Judge, Rewa vide judgment dated 15.1.2009 maintained the sentence but released the respondent No.1 on probation under Section 4 of the Probation of Offenders Act and also directed a compensation of Rs.10,000/- upon the respondent No.1. The applicant is the victim, who su...


Feb 20 2014

Mohammad Aslam Vs. the State of M.P. Judgement Given By: Hon'ble Shri ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

1 Criminal Revision No.1887/1999 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA CRIMINAL REVISION NO.1887/1999 Mohd. Aslam Vs. State of M.P. ........................................................................................ Shri F. Usmani, counsel for the applicant. Shri Ajay Tamrakar, panel Lawyer , counsel for the State. ........................................................................................ ORDER (Delivered on the 20th day of February, 2014) Vide judgment dated 2.8.1999 the applicant was convicted for offence punishable under sections 457, 380 of I.P.C and sentenced with three years rigorous imprisonment with fine of Rs.1000/- for each count by the learned JMFC, Jabalpur (Shri P. K. Sharma) in Criminal Case No.704/1996. In Criminal Appeal No.73 of 1999 the learned Additional Sessions Judge, Jabalpur vide judgment dated 17.12.1999 dismissed the appeal filed by the applicant in toto. Being aggrieved with the afor...


Feb 20 2014

Shailendra Singh Vs. Amit Bhattacharya Judgement Given By: Hon'ble Shr ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Cr.R.No.1977/2008 20.2.2014 Shri Priyankush Jain, counsel for the applicant. Heard on admission. Heard on IA. No.14043/2008, an application for condonation of delay in filing the present revision. The present revision is filed with delay of at least one day and therefore, such delay can be condoned. IA. No.14043/2008 is hereby allowed and delay in filing the present revision is hereby condoned. Heard on admission. The applicant has preferred the present revision against the judgment dated 24.7.2008 passed by the learned IInd Additional Sessions Judge, Chhindwara in Criminal Appeal No.189/2007 whereby the conviction and sentence directed by the JMFC, Chhindwara in Complaint Case No.726/2007 vide judgment dated 13.12.2007 was set aside and the case was remanded. The facts of the case in short are that the applicant moved a criminal complaint against the respondent for offence under Section 138 of the Negotiable Instrument Act in which the respondent was convicted and sentenced with six m...


Feb 20 2014

Rishiraj @ Rishimuni Vs. the State of Madhya Pradesh Judgement Given B ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Criminal Revision No.281/2009 20/02/2014 Shri Chandrahas Dubey, Advocate for the applicant. Shri C.K.Mishra, GA for the respondent/State. With the consent of learned counsel for both the parties, heard finally. This revision petition has been preferred by the applicant u/s 397/401 of Cr.P.C being aggrieved by the judgment dated 4/02/09 passed by Additional Sessions Judge, Mauganj District Rewa in Cr.A.No.372/08 arising out of the judgment dated 8/09/08 passed by JMFC, Mauganj in criminal case No.618/04 whereby applicant has been convicted under section 325 of IPC and sentenced to undergo RI for 3 months & fine of Rs.200/- in default to suffer further RI for 1 month. Learned counsel for the applicant submits that he does not want to challenge the conviction recorded by the courts below. It is further submitted that applicant has already suffered the jail sentence of about 1 month & 5 days therefore, the ends of justice would be met if applicant may be sentenced for the period already un...


Feb 20 2014

Om Prakash Kabirpanthi Vs. M.P.State Electricity Board (East Zone) Jud ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Cr.A.No.183/2008 Criminal Appeal No.183/2008 20.2.2014 Shri Sudeep Patel, counsel for the appellant. Shri P.N.Verma, counsel for the respondent. Heard on admission. The appellant has preferred the present appeal against the judgment dated 6.12.2007 passed by the learned Special Judge under Electricity Act, Sagar in Special case No.1097/2006, whereby the appellant was convicted for offence punishable under Section 135 of the Electricity Act and sentenced with fine of Rs.2,500/-. The facts of the case, in short, are that, the appellant Om Prakash was residing in the house of Shekhar (D.W.1) at Kakaganj Ward, Sagar. On 6.5.2006, Shri A.K.Sawrikar, Assistant Engineer (P.W.1) has inspected the house of the appellant and found that he took a direct line from the pole of L.T.line and he was using 3 tube lights and one fan. Consequently, a complaint was filed before the Special Court. The appellant abjured his guilt. He took a plea that there was a connection in the name of Landlord and theref...


Feb 20 2014

Achhekak Jhatik Vs. the State of Madhya Pradesh Judgement Given By: Ho ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

1 Criminal Revision No.698/2010 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA CRIMINAL REVISION NO.698/2010 Achhelal Khatik Vs. State of M.P. ........................................................................................ Shri S. K. Patel, counsel for the applicant. Shri Ajay Tamrakar, Panel Lawyer , counsel for the State. ........................................................................................ ORDER (Delivered on the 20th day of February, 2014) The applicant was convicted for offence punishable under Section 25(1-B)(a) of the Arms Act and sentenced with one year simple imprisonment with fine of Rs.200/- vide judgment dated 24.6.2009 in Criminal Case No.1474/2007 passed by the learned JMFC, Panna. In Criminal Appeal No.95/2009 the learned Sessions Judge, Panna vide judgment dated 20.1.2010 dismissed the appeal. Being aggrieved with the aforesaid judgments the applicant has preferred the present revision.2. The ...


Feb 20 2014

Bhupendra Singh Vs. the State of Madhya Pradesh Judgement Given By: Ho ...

Court: Madhya Pradesh

Decided on: Feb-20-2014

Criminal Revision No.2492/2013 20.02.2014 Shri Satyam Agrawal, Advocate for the applicants. Shri Akhilendra Singh, Panel Lawyer for the respondent-State. Learned counsel for the State submits that the case diary is not available. On the other hand, learned counsel for the applicants submits that he has copy of charge sheet and the matter may be considered with the help of copy of charge sheet. Heard the learned counsel for the parties finally. By this Criminal Revision under Section 397/401 of Cr.P.C.the applicants have challenged the order dated 19.11.2013 passed by the learned Second Additional Sessions Judge, Sehore in ST No.184/2013 whereby the charges of offence punishable under Section 307 or 307/34 of IPC were framed against the applicants along with other charges. The prosecution case, in short, is that on 27.5.2013 the applicants assaulted the various victims including Pappu, Kiran and Dhankunwar Bai. The charge under Section 307 of IPC is framed for the victim Kiran, who sust...


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