Court : Madhya Pradesh
Reported in : AIR1950MP9; 1950CriLJ655
ORDERSanghi, J.1. On 20th March 1949 the applicant was arrested by the Deputy Superintendent of Police, Indore City, by the order of the District Magistrate, Indore District, made Under Section 3(2), Maintenance of Public Order Act (vil [7] of 1949). On 24th March were communicated to the applicant the grounds on which the order had been made against him as required by 8. S of the Act. The grounds as furnished to the accused were as follows:Whereas you belong to R. S. S. which has been declared unlawful by the Government. You are a leader of the said Association and indulging in euch acts to bring into hatred the Government established by law in India and promoting or attempting to promote feelings of enmity or hatred between different classes of subjects and to prejudice the maintenance of public order on public safety.On 1st April 1949 the petitioner made a petition to this Court Under Section 491, Criminal P.C. praying that an order for his release from custody be made as it was ill...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1950MP43; 1950CriLJ1131
ORDERRege, J.1. This is a petition by the learned Public Prosecutor, Indore for cancellation of bail. The opponent Balwanta Singh was accused of causing the death of one Dhulji and put up before the Manawar Magistrate for enquiry into a charge Under Section 292, Tajirat Gwalior (302 of the Penal Code), but the learned Magistrate was of the opinion that there were not sufficient grounds to justify a commitment on that charge and in accordance with the local practice he referred the case to the District Sub-Judge. The learned SubJudge disagreeing with the Magistrate's view sent up the accused for trial on a charge of murder Under Section 292, Gwalior Tajirat. It appears that the accused who had been released on bail by the Magistrate was sent up in the custody by the learned Sub-Judge, to the Sessions Judge, , and he remained in custody until after the close of the ease foe the prosecution, the learned Sessions Judge released him on his executing a bond for appearance in a sum of Rs. 25O...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1950CriLJ1345
ORDERSanghi, J.1. On 27th September 1948, the Magistrate, first alas? at Khaegaon, convicted the two petitioners under Section 18, lndore Penal Code, read with notification no. SO dated 12th October 1920 and also Under Section 74, District Municipalities Act. and sentenced them each to para fine of US. 25. Against this order of conviction and sentence they filed a revision petition in the Court of the Sessions Judge, who has made recommendation to this Court that the petition Bhould be allowed.2. The act of the two petitioners which constitute the offence is that their father Mukundgir died on 37th May 1946 and they buried him in close proximity to their dwelling house in Khate-gaon. The Notification referred to above was issued by the then Home Minister to the Government of His Highness the Maharaja Holkar in the Holkar Government Gazette dated 18th ootober 1930 which reads thus:It is, therefore, hereby ordered that any person burying or burning the dead at a place other than the plac...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ872
Rege, J.1. The opponent was put up before the District and Sessions Judge, Mandsour on an accusation of murder under Section 292 of the Gwalior, Tajirat. The proceedings preliminary to commitment which commenced on 24.6.1948 were closed so far as the prosecution was concerned on 25.1.1949, after a number of unnecessary adjournments several of which were on the ground of want of time. I would observe that the trial or enquiry in a case of this kind looses its importance by inordiante delay in the proceedings and a large number of adjournments by reason of want of time indicate inefficiency and want of control over the work. It ought not to be difficult for the Presiding Officer of the Court, to fix work in such quantity as will reasonably enable him to get through it so that parties may not be put to unnecessary inconvenience and expense and in criminal cases in particular the evidence being mostly oral and subject to loss of weight by lapse of time, the Presiding Officer must be astute...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ233
ORDERSanghi, J.1. On 14-7-1949, one Kanakmal an itinerant tradesman made a report at 10-30 A. M. at the Sadar Bazar Police Station, Indore City that his wife Laxmibai had disappeared from the house carrying away with her cash amounting to Rs. 1700 and ornaments valued at Rs. 1900. He also stated in the report that he had learnt that Hidayat Begam (applicant) who lived in the neighbourhood used to visit his wife and Bhura her brother used to visit her sister and that Bhura was not to be found at his house. He therefore, suspected the applicant and her brother Bhura to be concerned in the theft committed by his wife.2. Seven weeks after this, on 8-9-1949, the applicant was arrested by the Officer-in. charge of the Sadar Bazar Police Station at 11-30 in the night. Under Section 167, Criminal P, C. the applicant was produced before the additional City Magistrate, Indore City, at 12-10 A. M. on is.9-1949 and an application was made for her further detention in police custody. The charge sho...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1950MP28; 1950CriLJ813
Mehta, J.1. This is an application by Mr. M. K. Deo, Advocate, Madhya Bharat High Court that a writ of certiorari should issue to the Subha and District Magistrate Indore to bring up, in order to be quashed, an order passed on 22nd October 1949 by District Magistrate Under Section 3.E. Madhya Bharat Maintenance of Public Order Act. The said order prohibits the applicant for three months from participating in any meeting, public or private, organised by any association. It further prohibits the applicant from issuing any leaflet or newspaper, propagating communist views or that of Karmachari sangh. A preliminary objection was raised by the learned Advocate-General that Madhya Bharat High Court is not invested with the jurisdiction to issue the high prerogative writ of certiorari. This would involve an inquiry into the nature and origin of the writ of certiorari as will as the constitution and jurisdiction of the power and authority of this Court.2. The ancient writ of certiorari in Engl...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ574
ORDERDixit, J.1. This is an application in revision from an order of the Sessions Court Raj Garh refusing to make a reference to this Court for setting aside the order dated 22.6.49 of Sub-Divisional Magistrate, Panchhor in certain maintenance proceedings. On 20th June 1947, the applicant Hari Narayan was directed by the Sub-Divisional Magistrate, Sarangpur to pay maintenance to his children and wife Mt. Rani Devi. The order of maintenance passed by the Sub-Divisional Magistrate was affirmed by the Dewas (Junior) High Court with slight modification. The applicant did not pay the maintenance ordered for the period from 6.5.48 to 28.3.49 and on 31.3.49, Mt. Rani Devi applied to the Sub-Divisional Magistrate, Pachhor to enforce the order under Section 488(3), Criminal Procedure Code. The applicant objected to the execution of the order on the ground that his wife Mt. Rani Devi, without sufficient cause refuses to live with him. The Sub-Divisional Magistrate took the view that it was not o...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1952CriLJ1631
Mehta, J.1. The accused appellant Mohammad Raffique, son of Ghaseet Khan of Jaora was convicted under Section 302, I.P.C., and sentenced to transportation for life by the Sessions Judge Ratlam on 13.12.1949. The prosecution case is that accused Mohammad Raffique murdered a girl Memmona, aged 3 years on the 26th April 1949. The occurrence took place at Jaora. The first information report was lodged by Noor-mohammad, father of Memmona on 26th April, 1949 at about 9 P.M. Noor Mohammad went to-the Police Station and reported that his daughter aged about 3 years who was wearing silver Kadas on feet and hands is missing and the Police should make efforts to find her out.Later on, Noor Mohammad at about 10, P.M., produced Naharkhan before the police and Naharkhan informed the police that he had seen Memmonna, the missing girl, in the company of the accused at about 6-30 P.M. on 26th April 1949. Acting on the basis of this information, the police apprehended the accused and the house of the ac...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ278
Chaturvedi, J.Pundlik alias Rao Sahib Berge, a Maratha young man of 25 years, has filed this appeal against his conviction under Section 292, Gwalior Penal Code (3, 302, Indian Penal Code) and sentence of 14 years' rigorous imprisonment and one rupee fine by the Sessions Judge, Gird.2. Mr. Bam Prakash Saxena has volunteered to plead for the appellant and his arguments evidenced thorough,, and deligent preparation. He brought to our attention every point that could have been said in favour of the appellant.3. The appellant has been convicted for murdering on 13-8-1948 at about 11.30 in the night one Bimla Bai, aged so years, in one of the rooms of the third storey of Indrabhawan Bhojnalaya, Deedwanaoli, Lashkar, a Marwari restaurant run by an old man Sewaram, P. W. 1, a Gujrati Shree Mali Brahmin, in whose employment as a cook the deceased Bimla had been working for the last five years or bo. Seeta Bai, D. W. l, a Maratha widow aged 45 years was in the same restaurant working as a maid ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1950MP60; 1950CriLJ1352
ORDERKaul, C.J.1. Anant Bhaskar Lagu (who is-said to be a resident of Indore and Ujjain as he divides his time between the two please made the present application Under Section 491, Criminal P. 0, By a subsequent application it was prayed on his behalf that it might be treated as an application under Article 226 of the Constitution.2. The material facts are as follows: On lab April 1949, the District Magistrate, Indore, passed an order under Madhya Bharat Maintenance of Public Order Act, samvat 2005, 3.3 (1) that Lagu be detained for a period of three months. It is-alleged that in enforcement of this order the petitioner waa arrested but he escaped from police custody. On 3rd December 1949, a constable saw him in Indore distributing some leaflets as part of propaganda for the communist party an association which was- declared unlawful in Indore. He was ultimately arrested in Indore on the night between 14th and 15th December 1949. On 15th December 1949, the District Magistrate Indore p...
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