Court : Chhattisgarh
Reported in : 2004(3)MPHT22(CG)
orderl.c. bhadoo, j.1. the accused/applicant namely mohitram has preferred this application under section 439 of the cr.pc for releasing him on bail during trial.2. the prosecution case, in brief, necessary for the disposal of this application is that deceased matibai was married to the accused/applicant one year before the incident. on 12-2-2003 at about 11 a.m. matibai committed suicide along with her 25 days son manish by consuming poisonous substance. the accused/applicant gave merg intimation to the police station, jarhagaon that today in the morning at about 7 a.m. he went to his agriculture field. his mother and father also went to the agriculture field. only matibai and his 25 days old son were at the residence. at about 11 a.m. his nephew phulesh came to the field and informed him that his wife was not well and froth was coming out from her mouth. on hearing this he immediately rushed to the village where he found his wife dead and lying on the cot. on receiving this report police registered the merg intimation and started enquiry under section 174 of the cr.pc. the statements of the witnesses namely, father of deceased chamruram, mother mantora bai, sister-in-law kamlabai and other witnesses were recorded by the police during the enquiry.3. the above witnesses in their case diary statements have stated that after the marriage of matibai with the accused/applicant when she came to her parents' house, she disclosed to her sister-in-law kamlabai that her husband has .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(3)MPHT72(CG)
orderl.c. bhadoo, j.1. the petitioners have preferred this petition under section 482 of the cr.pc calling in question the validity, propriety and legality of the order dated 26-6-2001 passed by the learned chief judicial magistrate, durg, whereby the learned chief judicial magistrate took cognizance under section 190 of the cr.pc for commission of offences under sections 341, 323 read with section 34 of the ipc and directed the station house officer, police station, durg to furnish the copies of charge-sheet and the documents of crime no. 257/2000.2. brief facts giving rise to filing of this petition are that on 1 -4-2000 the non-applicant no. 2 lodged a report with the police station, durg with the allegations that the accused persons, the petitioners herein, in furtherance of the common intention abused him with filthy language and beaten him with fists and slaps. in the report, he mentioned that the owners of jyoti opticals and surana videos are his tenants since last 5-6 years and by taking the illegal water connection they were running their business. fifteen days prior to the incident, the municipal council, durg disconnected the water connections of these persons and imposed the penalty of fine. when after making the efforts they could not get the water connection. om prakash asrani with the intention to harass him sent three notices through his advocate and today when at about 9:15 a.m. he was going out of his house then bablu asrani caught hold of him by his collar, .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT14
orderdhirendra mishra, j.1. the present petition has been filed by the applicants under section 482 of the cr.pc praying for quashing of the criminal proceedings initiated against them on the basis of the fir lodged by non-applicant no. 2 herein.2. brief facts necessary for adjudication of this petition are that the non-applicant no. 2 submitted a written report to the station house officer of police station, jagdalpur on 15-1 -2001 and on the basis of which after conducting preliminary enquiry crime no. 20/2001 was registered against the applicants and the husband of non-applicant no. 2, namely jayantilal.3. the allegations in the written report against the applicants are that the non-applicant no. 1 was married to jayanti lal jain on 6-6-91. one month after the marriage the applicants started harassing non-applicant no. 2 demanding dowry. non-applicant no. 2 gave birth to a daughter on 16-6-92 at jagdalpur. after birth of the daughter husband of non-applicant no. 2 jayantilal started business at raipur and lived there for 5-6 years with his wife and daughter. thereafter said jayantilal became addict to liquor etc. and left raipur for bangalore in the year 1998 without informing his wife non-applicant no. 2. she tried to ascertain the whereabouts of her husband from the present applicants but they never informed about his whereabouts and rather started torturing her mentally. she went to her matrimonial home in may, 1999 with her brother and lived there upto august, 1999. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(2)MPHT53(CG)
l.c. bhadoo, j.1. the accused/appellants have preferred this criminal appeal under section 374(2) of the cr.pc being aggrieved by the judgment dated 27-12-2001 passed by the 5th additional sessions judge, bilaspur in st. no. 267/2001 by which the learned additional sessions judge after holding the accused/appellants guilty of the offences punishable under sections 302 read with section 34 and 201 read with section 34 of the ipc sentenced them to undergo imprisonment for life and to pay a fine of rs. 1,000/- each, in default of payment of fine to further undergo r.i. for 1 month each and to undergo imprisonment for 1 year and to pay a fine of rs. 100/- each, in default of payment of fine to further undergo r.i. for 1 month each respectively.2. the prosecution case, in brief is that on 16-2-2001 bhagwati prasad (p.w. 2) gave merg intimation to the police station, ratanpur to the effect that a dead body of an unknown person was lying on the road of khutaghat dam. on receiving this report g.s. rajput (p.w. 17), assistant sub inspector registered the merg intimation no. 672001 (ex. p-2). after registering this intimation he reached the scene of occurrence, prepared panchnama (ex. p-4) of the dead body and on the advice of the panchas the dead body was sent to government hospital, ratanpur under ex. p-19 for post-mortem examination, and in the presence of the witnesses he seized the plain soil and blood stained soil under ex. p-5. on 17-2-2001, a sealed packet of clothes of the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ3528
orderdilip raosaheb deshmukh, j.1. this criminal revision is directed against the order dated 24-3-2006 passed by shri n. k. chandrawanshi, ivth additional sessions judge, bilaspur in sessions trial number 24/2006 whereby charge under section 305 of the ipc was framed against the applicant.2. briefly stated the prosecution story is that the applicant was serving as a driver in the house of one smt. sheela verma. he was convicted in sessions trial number 298/ 2003 for committing rape on ku. aakansha verma, daughter of smt sheela verma and also sentenced to imprisonment for life and fine. the applicant was on bail during trial. it is alleged that the applicant used to intimidate ku. aakansha verma through telephone calls. crime number 76/2004 was registered under section 507 of i.p.c. against the applicant and after investigation prosecution was launched. the applicant continued to intimidate ku. aakansha verma by threatening that he would take revenge and would kill her and her mother. the intimidation went on to such an extent that ku. aakansha verma got completely demoralised and stopped going to school and lived under depression. on 21-9-2004 ku, aakansha verma committed suicide by hanging herself in the room. during investigation of merg, smt. sheela verma narrated that since 18-9-2004 ku, aakansha verma was living under depression and was under tremendous fear. on being asked, she had started crying and told her that the applicant had made her survival difficult. the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2008Chh54
orderdhirendra mishra, j.1. the petitioner has filed this petition under article 226 of the constitution of india for the following relief(s):a. a writ and /or an order in the nature of writ of mandamus do issue commanding and directing the respondent bank authorities to produce before this hon'ble court all the relevant records for perusal of this hon'ble court.b. a writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondent bank authorities to act in consonance with the law laid down in para 45 of the mardia chemicals ltd.'s case, (air 2004 sc 2371) and strictly in accordance with section 13 (2) & (4) of the act and the rules 3-a & 4 of the rules, 2002, as amended up-to-date, and prohibiting the respondent bank authorities from taking possession of the said shops and movables since pre-conditions for exercise of those powers have not been followed by the authorities.c. a writ and/or an order in the nature of writ of certiorari do issue quashing the decision of respondent no. 2 committee dated 5-10-2007 and also the order of the respondent no. 3 collector dated 11-2-2008 as illegal, arbitrary and not in accordance with law in the facts and circumstances of the case.d. cost of proceedings.2. briefly stated, facts necessary for decision of this petition are that the respondent/bank issued a notice dated 4th january 2007 (annexure p/2) under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007(4)MPHT87
ordersunil kumar sinha, j.1. heard.2. this is the second bail application filed under section 439 of the code of criminal procedure. the earlier bail application was dismissed, as withdrawn vide order dated 21-3-2007 passed in m.cr.c. no. 19/2007, therefore, this bail application is being considered on merits.3. it relates to crime no. 275/2006, registered at police station, darri, district korba (cg) for the offence punishable under section 302/34 of ipc.4. the case of the prosecution is that 3 friends namely kuldeep tigga (present applicant), raju nishad (since deceased) and pramod tirkey (co-accused, who has already been granted bail) were going to the house of deceased - raju nishad on a rajdoot motorcycle. on the way, they stopped at a particular place. at what time, some telephonic calls was received on the mobile set of applicant-kuldeep tigga. on this, the deceased asked that from where the call is coming, and in reply, the applicant said that the call is coming from his girlfriend, on which, the deceased said something to the applicant, who in anger started beating the deceased alongwith the co-accused by hands and fists. it is alleged that during the course of quarrel, the applicant took one stone and gave a fatal blow on the head of the deceased. the deceased was admitted to raipur hospital, where he died on 25-10-2006 at about 10:25 p.m.5. learned counsel for the applicant argues that three friends were quarrelling, in which, out of anger, the applicant had caused .....
Tag this Judgment!Court : Chhattisgarh
1. this is an appeal against the judgment and decree dated 10.12.2008 passed by the court of district judge, raigarh in civil suit no. 01/2005 whereby the decree for rs.1,80,000/- has been passed against the respondent. 2. brief facts of the case are that on 24.11.2004, a health camp was organized at primary health centre, lailunga for conducting tubectomy (nasbandi) operation. in such camp, deceased meenakshi devi was admitted to undergo the operation for tubectomy. it was pleaded by the plaintiff that original defendant no.1 r.s.upadhyay and original defendant no.2, dr. sunil nigam, were working at primary health centre, lailunga and original defendant no.3, s.k.kushwaha was working as doctor in district hospital raigarh. defendant no.4, smt. shivani was a nurse in primary health centre, lailunga. it was stated that at the direction of the state, tubectomy camp was organized at lailunga wherein before tubectomy operation, at the instance of defendants 1 to 3, some injections were administered to meenakshi devi. after giving injection, her condition started deteriorating and she lost her sense and thereafter, she was referred to the district hospital and eventually she died. it was pleaded that the death was caused due to negligence and administration of wrong injections to the deceased meenakshi devi. it was stated that the deceased was a teacher, aged about 28 years and used to earn rs.2500/- per month and taking her age at the time of her death, an amount of rs.16,20,000 .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh64
vijay kumar shrivastava, j.1 this is the petition under article 226/227 of the constitution of india, for the following reliefs:1) a writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondent state authorities to produce all the relevant files, documents and records etc. to show the steps taken by them for preventing the child marriages in the country and in the state of chhattisgarh.2) a writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondents state authorities to effectively implement the provision of child marriage restraint act 1929 all over the area within their jurisdiction and for that prepare a scheme and establish agency for restraining the said marriages.2-a : a writ and/or an order in the nature of writ of appropriate nature do issue declaring the section 13(2)(iv) of the hindu marriage act, 1955 is ultra vires to the article 15 of the constitution of india.3) a writ and/or an order in the nature of writ of certiorari do issue quashing the impugned order dated 4-7-2003 (annexure p-4) in the facts and circumstances of the case since the respondent state authorities have failed to discharge their duties for restraining the child marriages at the relevant time and which has given rise the dispute between the petitioner and respondent no. 3 and therefore, pay to the respondent no. 3 the amount of maintenance as ordered by the court below.2. petitioner and respondent no. 3 are .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(2)MPHT68(CG)
orderl.c. bhadoo, j.1. writ petition no. 1240 of 2003 has been filed by suryakant gupta, questioning the legality and propriety of order dated 2nd january, 2001, passed by the district judge, rajnandgaon, in civil suit no. 18-a/93 (suryakant gupta v. smt. saraswati devi gupta and ors.). similarly, writ petition no. 1239 of 2003 has been filed by smt. alpana gupta, widow of shrikant gupta, questioning the legality and propriety of order dated 2nd january, 2001 passed by the district judge, rajnandgaon, in civil suit no. 4-a/95 (smt. alpana gupta v. subodh kumar gupta and ors.). both these writ petitions are arising out of orders dated 2nd january, 2001, passed by the district judge, rajnandgaon in the above mentioned two civil suits by which the learned district judge allowed the application of subodh kumar gupta, defendant in both the suits, under order 1 rule 10 of the code of civil procedure and directed the above mentioned petitioners/plaintiffs in the above suits to add the names of (i) smt. neelam gupta, w/o subodh kumar gupta, (ii) smt. reena gupta; (iii) smt. rashi gupta; (iv) miss neeti gupta, daughters of subodh kumar gupta and also (v) subodh kumar rajaram huf, in the array of defendants. since both the writ petitions are questioning the same order even though passed in different suits and similar point of law is involved in both the petitions, they are being disposed of by this common order.2. in order to appreciate the point involved in these matters, it is .....
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