Court : Andhra Pradesh
Reported in : 2008(1)ALD(Cri)712; 2008(3)ALT74; 2008(2)ALT(Cri)339; 2008CriLJ3432; 2008(2)KLT941
ORDERN.V. Ramana, J.1. Since these two writ petitions filed by the accused in S.C. No. 218 of 2007 on the file Metropolitan Sessions Court, Hyderabad, assail the orders issued in G.O. Rt. No. 1239, dated 03.08.2007 by respondent No. 1-Government of Andhra Pradesh under Section 24(8) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') appointing Sri. P. Satya Murthy, Advocate, as a 'Special Public Prosecutor' for conducting prosecution in the said Sessions Case, as being illegal and arbitrary, they are heard together and are being disposed of by this common order.Brief Facts of The Case2. The facts that gave rise to the filing of these two writ petitions are - At the instance of one Smt. Reena Sadna (hereinafter called as the 'de facto complainant') a case in Crime No. 369 of 2006 on the file of the Police Station, Punjagutta, under Sections 302 and 379 I.P.C. was registered. In the said complaint, the complainant alleged that her husband Sri Jasbir Singh was...
Tag this Judgment!Court : Guwahati
Aftab H. Saikia, J.1. Heard Ms. Rita Das Mazumdar, learned amicus curiae appearing for the appellant and Mr. B. Banerjee, the learned P.P., Arunachal Pradesh.2. This criminal appeal from jail is directed .against the judgment and order dated 13.9.2002 rendered by the learned Deputy Commissioner, Lower Dibang Valley District at Roing, Arunachal Pradesh, in Sessions Trial No. 07/98 on being committed by the learned Judicial Magistrate 1st Class, Roing dated 29.4.1998 whereby the appellant was found to be guilty of killing one Kama Bdr Jogi on 24.3.97 and accordingly he was convicted under Section 302, IPC and sentenced accordingly to undergo rigorous imprisonment for life.3. The prosecution case, in short, is that on 3.4.1997 one Sri Ade Pertin (PW 3) lodged an FIR with Roing Police Station to the effect that on 24.3.1997 night one Shri Laxmi Mukhiya, the accused reportedly killed one Kama Bdr. Jogi and secretly buried the dead body at Rukmini Ali near the residence of the accused.4. On...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(I)ShimLC9
Deepak Gupta, J.1. This Criminal Revision is directed against the order of the learned Sessions Judge, Kullu, dated 1.12.2000 in Criminal Revision No. 5 of 1999 whereby he allowed the revision petition filed by the husband, set aside the order granting maintenance in favour of the petitioners passed by the Chief Judicial Magistrate, Lahaul and Spiti at Kullu in proceedings under Section 125 Cr.P.C. and has rejected the petition filed by the petitioners.2. Briefly stated the facts of the case are that the petitioner No. 1 had initially filed a petition under Section 125 Cr.P.C. claiming maintenance at the rate of Rs. 500/- per month. She had filed this petition before the Gram Panchayat, Bradha, Tehsil and District Kullu which is entitled to hear such petition under the provisions of H.P. Panchayati Raj Act. This petition was filed by Smt. Kaushalya Devi. She claimed that respondent Bhag Chand was on visiting terms with her and both had entered into a love marriage. It was further alleg...
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN198
1. The appellants above named were the writ petitioners who filed the writ petition on or about 23rd July, 1997 prayed for amongst other reliefs:(b) Writ do issue in the nature of mandamus commanding the respondents port authorities to provide the services which they have undertaken to do in the port in accordance with the procedure laid down by them and to arrange for destuffing the cargo and to release the said containers list of which is described in Annexure 'B' hereto;(c) Declaration that the port authorities are not entitled to charge any demurrage till the date of release of the said containers.2. Thereafter owing to subsequent development in view of passing of orders by this Court and consequently sale of the goods as stated hereinafter the writ petition was amended praying for amongst other reliefs:(b-1) A writ of and/or in the nature of mandamus do issue commanding the respondents and each one of them to sell the said cargo of urea forthwith and to pay all the amounts spent b...
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN530
Kalyan Jyoti Sengupta, J.1. The above writ petition and the appeal being MAT No. 52/04 with FMA No. 1713/03 are heard together as the principal point of controversy involved in those matters are interlinked with each other.2. The writ petition being W.P. No. 2153 (W) of 2003 has been filed by one Kiran Subba and three others claiming for the following reliefs:(a) Writ/Writ in the nature of Mandamus be issued thereby declaring that the Nepali/Gorkha speaking people of hill areas of Darjeeling are linguistic minorities;(b) Writ/Writ in the nature of mandamus be issued thereby declaring that the Schools/institution in the hill areas of Darjeeling are established and administered by the linguistic minorities and as such the provisions of West Bengal School Service Commission Act, 1997; and the amendments there under are not applicable in the hill areas of Darjeeling;(c) Writ/Writ in the nature of mandamus be issued thereby restraining the 'concerned respondent authorities from imposing the...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC34
Surinder Singh, J.1. Both these appeals have arisen out of a common judgment passed by the learned Sessions Judge Kullu in Sessions Trial No. 128 of 2003, whereby the appellants were convicted of an offence under Section 20 read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, in short, 'the Act', and each of the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs. one lac and in default of payment of fine, to further undergo imprisonment for a period of two years, allegedly having in their possession 2.270 kg. Charas.Prosecution case2. Succinctly, the prosecution story is that on 21.9.2003, at about 4.00 a.m., the Police party headed by SHO Dinesh Kumar (PW6) was present on the National Highway at the place known 'Bandrol', they saw both the appellants coming from Manali side at such an odd hour. Appellant Vinod Bhandari was carrying a bag and Ramesh Lal was accompanying him, and suspected about the possessio...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007CriLJ4454,2007(2)ShimLC324
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of Sessions Judge, Kullu dated 19.4.2006 vide which the appellant was held guilty and convicted and sentenced under Section 20 of the NDPS Act, hereinafter referred to as the 'Act', for rigorous imprisonment for a period of 5 years and a fine of Rs. 50,000/-. In default of payment of fine, the appellant was to suffer further imprisonment for one year.2. Briefly stated, the facts of the case are that on 6.4.2005 PW-2 ASI Bin Singh was present at a place near Bhrain Bridge, along with PW-1 Sunder Lal Constable and Deepak Kumar Constable for patrolling. They had gone in a vehicle being driven by HHC Pitamber Lal. At about 8.15 p.m. they saw a person coming from Manikaran side who on seeing the police party, turned back and the lights of the vehicle were switched on. The said person threw a bag being carried by him in his right hand and fled away, who was intercepted by the police and brought to the...
Tag this Judgment!Court : Guwahati
A.H. Saikia, J.1. Heard Mr. Sk. Noor Mahammad, learned Counsel who has been appointed today itself as Amicus Curiae in place of Mrs. R. Borbora, the appointed Amicus Curiae as she is not found present when the matter is taken up for hearing although her name has been duly reflected on the board of the regular Part II cause list for the period from 5.3.07 to 27.4.07.2. Also heard Mr. B.B. Gogoi, learned P.P., Assam.3. This criminal jail appeal has been directed against the judgment and order dated 17.8.2001 passed by the learned Ad-hoc Additional Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 70 (DMFT) of 2001 convicting the appellant under Section 302 IPC and sentencing him, to undergo R.I. for life with a fine of Rs. 2000/-, in default, to undergo further R.I. for six months.4. The prosecution case in short is that on 18.7.99 at about 7 P.M. the appellant had some altercations with the deceased Late Ramani Deka and as a result of such altercations, the appellant grievously...
Tag this Judgment!Court : Guwahati
A.B. Pal, J.1. The petitioner Shri Nath Singh Mahar was enrolled in Assam Rifles on 15.3.1975. Before employment he was married to one Ganga Debi. On 8.3.1985, after a period of more than ten years in service, he contracted a second marriage with one Smti. Sarda Devi when his first wife was alive. This being a misconduct he faced a disciplinary proceeding initiated in January, 1996. Two charges were framed against him. The first charge is that in 1985 when he was Naik Subadar he gave a false declaration that his first wife Ganga Devi died on 15.10.1984. The said declaration was published in the Unit BRO as 42.9.85. Thereafter he married Smt. Sarda Devi. But from the letter dated 19.1.93 of Smt. Ganga Devi, forwarded by Soldier Welfare and Rehabilitation Branch, it came to light that the petitioner gave a false declaration which is unbecoming of a government servant. The second charge is that he contracted a second marriage on 8.3.1985 with Smt. Sarda Devi when his first marriage with ...
Tag this Judgment!Court : Patna
Chandramauli Kr. Prasad, J.1. Both the appellants, being aggrieved by the judgment dated 6th of October, 2004 passed by the 5th Additional Sessions, West Champaran, Bettiah in Trial No. 06 of 2001 holding them guilty of offence under Section 23 of the Narcotic Drugs and Psytchotropic Substances Act, 1985 and sentencing them to undergo rigorous imprisonment for twenty years each, have preferred this appeal.2. According to the prosecution, on the basis of an Intelligence message Ambassador Car bearing registration No. U.M.Y-2527 having plate of 'Bharat Sarkar' affixed in its front portion, was intercepted by the Valmikinagar Custom Staff at Valmiki Nagar Custom Check Post on 11th January, 2001 at 6 A.M. On interception two persons, namely, Manoj Kumar Tiwari and Lala Tiwari alias Surya Prakash Tiwari, appellants herein were found travelling in the car. On inquiry Manoj Kumar Tiwari disclosed that he is the driver of the Car who had gone alongwith the other accused to drop the officials ...
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