Court : Chhattisgarh
1. Apprehending arrest in connection with Crime No.324/2014, registered in Police Station Dongargarh, District Rajnandgaon, Chhattisgarh for commission of offence punishable under Section 34(2) of the Chhattisgarh Excise Act,1915 (for short, the Act, 1915), the applicant herein has filed this application under Section 438 of Cr.P.C. for releasing him on anticipatory bail. 2. The case of the prosecution, in brief, is that the applicant and coaccused Suraj were found carrying 17.28 Bulk liters of country made liquor in the motorcycle on 01.09.2014 without authority of law which was seized from the coaccused Suraj. 3. Shri Awadh Tripathi, learned counsel appearing for the applicant would submit that no ingredients of Section 34(1)(a) of the Act, 1915, is available against the applicant in the first information report/complaint as he has falsely been implicated in the case, and therefore, bar of anticipatory bail as provided under Section 59A (i) of the Act, 1915, is not attracted and he i...
Tag this Judgment!Court : Chhattisgarh
Oral Order: 1. These three writ petitions under Article 227 of the Constitution of India have been preferred by the petitioner who has filed three separate civil suits for eviction of the respondents. In all the suits, the trial Court has rejected the petitioner/plaintiff's application under Order 18 Rule 17 of the Code of Civil Procedure, 1908 (for short 'the CPC'), which was preferred by him seeking permission to prove the document by exhibiting the same. 2. The suits have been filed sometimes in the month of December, 2005. The eviction has been sought on the ground of arrears of rent; occupation of additional area belonging to the landlord which was not let out to the defendants and raising construction thereon as also on the ground of denial of landlord's title. Plaintiff's evidence was closed sometimes in April, 2011 and thereafter, he moved an application on 14.11.2011 under Order 7 Rule 14 read with Order 13 Rule 2 of the CPC seeking permission to produce some photographs of th...
Tag this Judgment!Court : Chhattisgarh
Prashant Kumar Mishra, J. 1. The petitioner is aggrieved by the order (Annexure-P/1) passed by the Collector, Balrampur-Ramanujganj dismissing her reference under Section 21(4) of the Panchayat Raj Adhiniyam, 1993 (henceforth 'the Adhiniyam'), which in turn was preferred challenging the resolution of the Gram Panchayat dated 12.3.2014 wherein the motion of no confidence was carried against the petitioner and she has been ousted from the office of Sarpanch of Gram Panchayat, Mahewa. 2. The concerned Gram Panchayat consists of 13 office bearers including the Sarpanch. 10 Panchas moved an application before the prescribed authority on 24.2.2014 intending to bring a motion of no confidence against the petitioner. The prescribed authority issued a notice dated 28.2.2014 (Annexure-P/5) appointing Naib Tehsildar, Wadrafnagar as Presiding Officer for convening the meeting of the Gram Panchayat for considering the motion. The meeting was convened on 12.3.2014 wherein 11 Panchas were present and...
Tag this Judgment!Court : Chhattisgarh
1. Invoking jurisdiction of this court under Section 439 of Cr.P.C., the applicant herein has filed this application for grant of regular bail to him who has been arrested in connection with Crime No.317/2014 registered at Police Station, Chakradhar Nagar, District Raigarh, for the offence punishable under Section 306/34 of IPC and Section 4 of CG Shaikshanik Sansthaon Me Pratara (Ragging) Ka Pratishedh Adhiniyam, 2001 (for short, Adhiniyam, 2001). 2. Case of prosecution, in brief, is that, Nishant Upadhyay a student of MBBS first year studying in Late Lakhiram Agrawal Memorial Medical College, Raigarh, on 08.11.2014 at 4:30 PM in the hostel (Room No. 208 IInd Floor) being run by said college bolted the room and committed suicide by hanging himself out of humiliation and insult on account of ragging done by the present applicant and one coaccused Hiramani Patel within the meaning of Section 2(a) of the Adhiniyam, 2001, and thereby committed the aforesaid offences. 3. Shri Upendra Nath ...
Tag this Judgment!Court : Chhattisgarh
1. The petitioner has preferred this writ petition seeking quashment of the criminal proceeding in which he was tried for committing offence under Sections 457 and 380 of the IPC. 2. Facts of the case, briefly stated, are that in the intervening night of December, 2010, the petitioner along with other accused persons committed house trespass with intent to commit offence punishable with imprisonment and thereafter committed theft in the shop of complainant Laxman Prasad Baraith and took away one computer set of Epson company, another computer of HP, 20 numbers of G-5 Nokia mobile, one Sansung mobile, 10 numbers of memory card, one TV Tuner, one battery charger, one Nikon camera and mobile spare parts. The informant was informed by one Girdhar Baraith at about 5.30 am on 2.12.2010 that someone has committed theft in his shop by opening the lock by using gas cutter. 3. After completing investigation, charge sheet was filed against the petitioner and 2 other accused persons namely, Avina...
Tag this Judgment!Court : Chhattisgarh
1. The instant writ petition under Article 226 of the Constitution of India seeks quashment of the criminal proceedings under FIR No./Crime No.39/2012 registered at Police Station Jashpur, District Jashpurnagar against the petitioner and 5 other accused persons for offences under Sections 420 and 409/34 of the IPC. 2. Allegations against the accused persons, as appearing in the FIR lodged by the Project Administrator, Integrated Tribal Development Project, District Jashpur, are that the Executive Engineer, Rural Engineering Service, Division Jashpur was appointed as executing agency for the construction of culvert at village Salhekera Block, Jashpurnagar and was allotted Rs.49.05 lakhs for the said construction work. On direction of Collector, Jashpur, a joint inspection team consisting of Executive Engineer, PWD, Jashpur; Executive Engineer, Water Resources Department, Jashpur and Executive Engineer, PMGSY, Jashpur was constituted for inspection/enquiry of the work executed. The repor...
Tag this Judgment!Court : Chhattisgarh
(1) The central legal issue that falls for consideration in this petition is whether the Magistrate has jurisdiction under Section 457 of the Code of Criminal Procedure to grant custody of vehicle seized for violation of an order made in exercise of power conferred by Section 3 of the Essential Commodities Act, 1955 ? (2) The petitioner is registered owner of four wheeler bearing registration No. CG-04-J.D.-2238. The said vehicle has been seized by the Police Station Karora, District Raipur in connection with Crime No. 298/13 for commission of offence punishable under Section 379 of the Indian Penal Code read with Section 3 and 7 of the Essential Commodities Act, 1955 (henceforth EC Act, 1955) as the said vehicle was found involved in transporting the rice reserved for the poor and needy people under the Public Distribution System. (3) The petitioner, being the registered owner of the vehicle, made an application under Section 457 of the Code of Criminal Procedure (henceforth the Code...
Tag this Judgment!Court : Chhattisgarh
1. The short question falling for consideration is whether applicant/juvenile can maintain application for grant of anticipatory bail under Section 438 of Cr.P.C. 2. Invoking jurisdiction of this court under Section 438 of Cr.P.C., the applicant herein has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.195/2014 registered at Police Station, Baikunthpur, District Korea, for the offence punishable under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act. 3. At the outset, learned counsel appearing for the State would submit that applicant herein is admittedly a juvenile within the meaning of Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the Act, 2000), and therefore, the provisions contained in Section 438 of Cr.P.C. would not be applicable in the present case and remedy available to the applicant would be to appear before the Juvenile Justic...
Tag this Judgment!Court : Chhattisgarh
1. This criminal appeal under Section 341 CrPC was earlier filed as criminal revision under Section 397 read with Section 401 of the CrPC. However, subsequently appellant's application for conversion of revision into an appeal was allowed and it was re-registered as criminal appeal. 2. Challenge in this appeal is to the order dated 23.5.2000 passed by the Additional Sessions Judge and Special Judge under the SC/ST (Prevention of Atrocities) Act, 1989, Bilaspur whereby learned Court below has allowed the application filed by respondent No.1 under Section 340 CrPC and has directed the CJM, Bilaspur to file a complaint against the appellant for offence under Section 193 read with Section 195 of the IPC. Pursuant to the said order, the CJM, Bilaspur has filed the complaint on 28.6.2012. 3. Facts of the case, briefly stated, are that the appellant is an Advocate of Income Tax at Gondia (Maharashtra). His daughter was married with respondent No.1 in December, 1992. On allegation of commissio...
Tag this Judgment!Court : Chhattisgarh
(1) This is a rule against respondents No. 3 and 4/contemeners herein issued by this Court for disregarding and disobeying the order dated 4.10.2013 passed in W.P.(S) No. 2344/2013 (K.R. Yadav Vs. State of Chhattisgarh and others) under Section 12 of the Contempt of Courts Act, 1915 ( hereinafter referred to as the Act, 1915) read with Article 215 of the Constitution of India. (2) In the writ petition filed by the petitioner herein, this Court directed on 4.10.2013 that if the amount of Rs. 90,259/- forfeited from the account under Group Insurance Scheme has not been disbursed, the same shall not be disbursed during pendency of appeal and the appellate authority shall decide the appeal within the period of three months. In the said writ petition, the State of Chhattisgarh, appellate authority and the Commissioner, Directorate of Public Instructions were impleaded as party respondents. The District Education Officer and the Principal of Govt. Boys Higher Secondary School, Nariyara were ...
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