Court : Madhya Pradesh Gwalior
(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 preferred by the petitioner/accused is directed against an order dated 6 th December 2004 passed in criminal case No. 490/2003 by the Judicial Magistrate First Class, Gwalior (M.P.), dismissing thereby the application under Section 245(2) of Cr.P.C. of the petitioner-accused for his discharge from the alleged offence, the stage of framing charge. (2) In brief, the facts of the case are that on 21 st January 1992, from the shop of petitioner situated at Gwalior Trade Fair Ground, the Food Inspector duly authorized, purchased sample of 450 gm. of ' Vital ' Pure Refined Cooking oil (Soya Oil) from open ten of 10 Kg. for the purpose of examination under Prevention of Food Adulterations Act. The sample was divided into three parts and were sealed as per Rules/Law. One sample was sent to State Food Laboratory Sagar. The Report from Public Analyist State Food Laboratory reveals that the sample contravenes ...
Tag this Judgment!Court : Madhya Pradesh Gwalior
1. This appeal has a chequered history. Respondent No.1 is the only contesting respondent in this appeal. He alongwith respondent No.2 was appointed in the services of State of Madhya Pradesh as Lower Division Clerk on 18/6/1987. The ranking of respondent No.1 in the merit list of LDCs was higher to respondent No.2. Respondent No.1 was at serial number 5 and respondent No.2 was at serial number 10 in the select list of LDCs, pursuant to which, they were appointed vide order dated 18/6/1987. In due course of time, both respondent No.1 and respondent No.2 were promoted as Assistant Grade II (UDC) vide order dated 18/3/1992. Thereafter, respondent No.1 was promoted as Assistant Inspector ( Handloom ) on ad hoc basis vide order dated 6/4/1995 and shortly thereafter, respondent No.2 was promoted as Accountant on 15/11/1996. The pay-scale of the post of Assistant Inspector ( Handloom ) was lower than the pay-scale attached to the post of Assistant Grade II (UDC). Respondent No.1 was not will...
Tag this Judgment!Court : Madhya Pradesh Gwalior
(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 13 th May 2011 in Criminal Revision No. 21/2011 passed by the Fourth Additional Sessions Judge (Fast Track) Guna, M.P. allowing thereby the revision filed by the State of Madhya Pradesh while setting aside the order passed in Criminal Case No.217/10 dated 23/11/10 of the Judicial Magistrate First Class, Guna and remanding the case to that court for redetermine the age of the accused after following the procedure laid down in Rule 12(3) of the Juvenile Justice (Care and Protection) Act, 2007. (2) The facts necessary for the disposal of this petition are that a Crime No.217/10 was registered against the accused-petitioner Govind for commission of offence punishable under Sections 302, 452, 147, 148, 149, 323, 324 and 325 of I.P.C. by police station Dharnabda for causing death of one Hukum Singh and injuring persons namely, Geetabai, Ramjane, Bana Sahab Madurn on 22 n...
Tag this Judgment!Court : Madhya Pradesh Gwalior
(1) This revision petition under Section 397/401 of the Code of Criminal Procedure,1973 has been preferred against an order dated 2 nd March 2010, passed in Criminal Revision No. 121/2009 (Smt. S.M. Unnissa @ Rana and others v. Asif Saied) by the First Additional Sessions Judge Vidisha (M.P.), modifying thereby the Award dated 13 th April 2009 passed in Criminal Case No. 08/2007 by the Court of Judicial Magistrate First Class, Kurwai, district Vidisha and enhancing the monthly maintenance amount from Rs. 2000/- to Rs. 3000/- to the respondent No.1 Smt. S.M.Unnissa and from Rs. 500/- to Rs.1000/- to respondent No. 3 Baby Bushra. However, the maintenance amount awarded to respondent No.2 Baby Madiha was not disturbed. (2) The brief facts just for the decision of this revision petition are that the petitioner was married to Smt. S.M. Unnissa @ Rana and Babies Madiha and Bushra were born out of their wedlock. After sometime of marriage, due to unfortunate events, respondent No.1 S.M. Unnis...
Tag this Judgment!Court : Madhya Pradesh Gwalior
1. This petition under section 482 of the Code of Criminal Procedure,1973 filed by the petitioner seeks quashing of Complaint Case No.4668/08 instituted against her by respondent No.1 for offence under section 138 of the Negotiable Instruments Act, 1881 ( “NI Act” for brevity). 2. A legal question that calls for an answer in this petition is whether the legal heirs of the signatory to the cheque are criminally liable to be proceeded against for offence under section 138 of NI Act. 3. Briefly stated, the facts giving rise to the above legal question are that a complaint under section 138 of the NI Act was filed by respondent No.1on accusations against the petitioner that her mother late Shrimati Rajmadanlal had issued a cheque bearing No.133091 dated 20/12/2007 for an amount of Rs.7,40,000/- in consideration of repayment of loan. It was alleged that the said cheque, when presented for encashment by respondent No.1 in his Bank, was returned unpaid on account of “insuffi...
Tag this Judgment!Court : Madhya Pradesh Gwalior
(1) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 has been preferred against an order dated 25 th May, 2010 passed in Sessions Case No. 49/03 by the Fifth Additional Sessions Judge, Morena, dismissing thereby the application under Section 311 of Cr.P.C. for examination of prosecution witness Satish Chandra Dubey, the Investigating Officer of Crime No. 359/2001 registered at Police Station, Morena for commission of offence under Sections 302, 207, 147, 148, 149 and 294 of I.P.C. against the petitioners/accused and after investigation submitted Final Report before the Criminal Court. The prosecution in trial had given up him for proving the contradictions and omissions in the statements of material prosecution witnesses of the case. (2) The facts, in short just for decision of this petition, are that on 12th September 2001 at Ambah bye-pass road near dried Pipal tree, accused Ram Akhtyar, Hari Kishan, Balkishan, Ram Aautar and Shiv Aautar caused deat...
Tag this Judgment!Court : Madhya Pradesh Gwalior
(1) This revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act 2000, read with Sections 397/401 of the Code of Criminal Procedure 1973, has been preferred against an order dated 16 th March 2011 in Criminal Case No. 25/2011 passed by the First Additional Sessions Judge Guna, holding after conducting an inquiry that the petitioners are not juveniles. (2) The facts necessary for the disposal of this petition are that on 6 th December 2011 at Town of Raghogarh, District Guna, one Deepak Soni, s/o Babulal Soni was reported to be missing from his house. Said report was recorded in Rojnamcha of the police Station. During search on 8/12/10, the dead body of Deepak Soni in a gunny beg was found under beneath of culvert of ITI at Raghogarh. Accordingly, Marg report was registered. During inquiry, it appeared that the accused including petitioners committed murder of missing Deepak Soni and caused the evidence of offence to be disappeared with an intent...
Tag this Judgment!Court : Madhya Pradesh Gwalior
1. This petition under section 482 of Cr.P.C. filed by the petitioner is directed against the order dated 3 rd of February,2007 passed by the Sessions Judge, Gwalior in Criminal Revision No.325/06 whereby the order dated 06 th October, 2006 passed by the learned Judicial Magistrate First Class, Gwalior in a complaint case under section 138 of the Negotiable Instruments Act, 1881 has been affirmed. 2. A complaint under section 138 of the Negotiable Instruments Act,1881 ( herein after, referred to as the “Act”) filed b y the petitioner against the respondent was accompanied with an application under section 142 (b) of the Act for condonation of the delay of 28 days in filing the complaint. The delay was sought to be condoned on the ground that the petitioner being the only son of his father could not file the complaint in time as his father had suffered a fracture for which a medical certificate was also annexed with the condonation application. The delay in filing the compla...
Tag this Judgment!Court : Madhya Pradesh Gwalior
1. This appeal raises an important question of law; Whether the disciplinary proceedings initiated by the government against a government employee after his retirement automatically comes to an end in case the enquiry is not concluded within two years of its inception. The earlier Division Bench of this court in the case of State of M.P. v. R.L.Ogale 2006 (1) M.P.L.J.412 has taken a view that if the departmental proceedings initiated by the government are not concluded within two years of its inception, the Governor can not pass any final order for recovery of pecuniary loss caused to the department by the delinquent government employee and this view was taken by the earlier Division Bench in view of Clause (b) of third proviso to sub-rule (4) of Rule 9 of M.P.Civil Services (Pension) Rules, 1976. 2. Shri Vivek Khedkar, learned Government Advocate appearing on behalf of the appellants has argued that the earlier Division Bench judgment of this court in R.N.Ogale's case (supra) is per i...
Tag this Judgment!Court : Madhya Pradesh Gwalior
(1) This petition under Section 482 of the Code of Criminal Procedure 1973 is directed against an order dated 25 th August 2010, passed in Sessions Case No. 284/2005 by the 5 th Additional Sessions Judge Morena, rejecting thereby the applicaton under Section 311 of Cr.P.C. for re-calling a witness Jayanti Prasad (PW-4), father of the deceased for his cross examination, on the subsequent discovered document with a view to establish the defence by the accused. (2) The facts in brief, just for the decision of this petition are that within seven years of marriage of the deceased Radha with Raju, she died of an unnatural death, by taking some poisonous substance. It is alleged that after marriage of the deceased, her husband and other relatives on matrimonial side used to harass and torture her for their illegal demand of dowry. On the fateful night, her husband and relatives compelled the deceased to drink some poisonous substance. Consequently, after the death of deceased, an FIR was lodg...
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