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Jun 25 2015 (HC)

Ram Agrawal Vs. State of M.P. and Another

Court : Madhya Pradesh

1. The inherent powers of this Court u/S. 482 of Cr.P.C. are invoked for quashment of FIR and the consequential prosecution registered as crime No. 443/2013 at Police Station Padav, District Gwalior for the offence punishable u/s. 306/34 of IPC. 2. Learned counsel for the rival parties are heard. 3. The impugned FIR alleges the said offence against 07 accused including petitioner Ram Agrawal. 4. During investigation, the statements of parents and wife of the deceased were recorded. A suicide note dated 20.08.2013 allegedly written by the deceased was recovered. This suicide note was prima-facie opined by the handwriting expert to be written by the deceased. 5. The suicide note alleges specific allegation against co-accused namely Vipin Garg, Ashok Parashar, Vicky Shivhare and Gagan Garg. The suicide note does not seem to implicate the petitioner in specific term. 6. Learned counsel for the petitioner primarily contends that on prima facie reading of material collected by the prosecutio...

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Jun 25 2015 (HC)

Shiva Parashar and Another Vs. State of M.P. and Another

Court : Madhya Pradesh

1. The revisional jurisdiction of this Court under Section 397 r/w S.401 of Cr.P.C. is invoked for quashment of the charges framed against the petitioners by the trial Court under Section 306 r/w 34 of IPC and also for quashment of the interlocutory order dated 05.03.2015 rejecting the prayer for discharging made by the petitioners u/S. 227, Cr.P.C. 2. Learned counsel for the rival parties are heard. 3. The impugned FIR alleges the said offence against 07 accused including petitioners Shiva Parashar and Rahul Parashar. 4. During investigation, the statements of parents and wife of the deceased were recorded. A suicide note dated 20.08.2013 allegedly written by the deceased was recovered. This suicide note was prima-facie opined by the handwriting expert to be written by the deceased. 5. The suicide note though alleges specific allegations against co-accused namely Vipin Garg, Ashok Parashar, Vicky Shivhare and Gagan Garg. But in regard to both petitioners Shiva Parashar and Rahul Paras...

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Jun 22 2015 (HC)

Fulloo Vs. The State of M.P.

Court : Madhya Pradesh

1. This criminal appeal under Section 374(2) of Cr.P.C.has been filed by the appellant against the Judgment dated 29.11.05 passed in Sessions Trial No.127/05 by learned Sessions Judge, Chhatarpur whereby the appellant has been convicted under Section 25(1-Kha)(k) of the Arms Act and sentenced to R.I. for one year and fine of Rs.1,000 with default stipulation. 2. The case of the prosecution is that on 13.01.05 at about 22.15 hours complainant Bodhan lodged a report alleging that he was resident of Kitpura village and was doing agriculture work. At about 19.00 hours when he was sitting nearby the house of one Dhanprasad with others, appellant came there and asked the complainant to accompany him on the point of 12 bore gun, on refusal by the complainant, appellant threatened to fire and ultimately fired on him resulting in injury on the elbow of complainant. The matter was reported to the police and Crime No. 9/05 for offence punishable under Sections 307 IPC and Sections 25/27 of the Ar...

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Jun 19 2015 (HC)

Gopal Dutt Dholakhandi Vs. Dr. S.K. Tamotia and Another

Court : Madhya Pradesh

1. The present writ petition under Article 226 of Constitution of India assails the interlocutory orders dated 12.09.2013 and 24.07.2014 passed by the Court below whereby an application under Section 13 (6) of M.P. Accommodation Control Act, 1961 (1961 Act for brevity) preferred by the landlord/plaintiffs has been allowed and the defence of the tenant/petitioner has been struck off for default in depositing rent in terms of Section 13(1) of 1961 Act. 2. Learned counsel for rival parties are heard on the question of admission. 3. The basic facts giving rise to the instant case are that in a suit for eviction and arrears of rent, an application under Section 13(6) of 1961 Act was filed by the landlord/plaintiffs. The defence of the tenant was sought to be struck off on the basis of undisputed fact that since April 2010 the defendant/tenant was in arrears of rent to the tune of Rs. 5,34,000/- against which an amount of Rs.3,90,750/- was deposited by the tenant. It was found by the trial C...

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Jun 19 2015 (HC)

Vipin Garg Vs. State of M.P. and Another

Court : Madhya Pradesh

1. The inherent powers of this Court u/S. 482 of Cr.P.C. are invoked for quashment of FIR and the consequential prosecution registered as crime No. 443/2013 at Police Station Padav, District Gwalior for the offence punishable u/s. 306/34 of IPC. 2. Learned counsel for the rival parties are heard. 3. The foundational factual matrix of the case are that the impugned FIR was lodged on 09.09.2013 Annexure P-1 relating to an incident dated 21.08.2013 when the information regarding commission of cognizable offence u/s. 306/34 of IPC was furnished to the Police Station Padav, Dist. Gwalior as regards the deceased Deepesh having committed suicide by hanging himself which was alleged to be abetted inter alia by the petitioner. The abetment was alleged to be based upon undue pressure exerted and mental and physical torture inflicted upon the deceased inter alia by the petitioner. The FIR named seven accused persons namely Bunti @ Vipin Garg (petitioner herein), Ashok Parashar , Son of Ashok Para...

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Jun 16 2015 (HC)

Narendra Singh @ Gudda Raghuvanshi Vs. State of M.P.

Court : Madhya Pradesh

1. Being aggrieved by the order dated 18.2.2013 passed by the Additional Sessions Judge, Ganj Basoda, Distt. Vidisha, in Sessions Trial No.182/2011 framing charges under Sections 302 read with Section 120-B and 302 read with Section 109 of IPC, the petitioner has preferred this Criminal Revision under Section 397/401 of Cr.P.C. 2. The brief facts of the case in short are that a report was lodged by complainant Tarachand Ahirwar to the effect that he alongwith Shivdayal and Sanjeev Jain was sitting at Dharmkanta. Suddenly at about 11.15 pm. Sanjeev Jain, on the call of some unknown person, went outside and after about two minutes when the complainant heard some sound, he went outside and found that Sanjeev Jain was sitting awkwardly outside and two persons after starting their motorcycle run away. Thereafter, he alongwith others took Sanjeev Jain to hospital where doctor declared him dead. Firearm marks were visible at left side of rib and neck. On the report, FIR at Crime No.1073/10 wa...

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Jun 08 2015 (HC)

Mohan Sugar Mills Ltd. Vs. Registrar of Companies and Others

Court : Madhya Pradesh

1. This petition is filed under Section 560(6) of Companies Act, 1956 (the Act) for restoration of company Shree Mohan Sugar Mills Limited . 2. Facts as narrated in the petition are that the company was doing its business as per the object clause but it could not get profitable business. The repeated efforts to fetch good profit could not succeed. Since Company was not profit making company, it could not file the annual return and balance sheet with the Registrar of Companies ( ROC). In 2011, company intended to file some documents on the website of Ministry of Corporate Affairs. On perusal of the site, it appeared that name of company is struck off from the statutory register. It is pleaded that in response to the enquiry made by the petitioner-company, it is learnt that in the year 2007 suo motu action for struck off the name was taken by the ROC. Name of company was finally struck of on 28.01.2008. The ROC informed the petitioner that if petitioner wants to restore the name of compa...

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May 26 2015 (HC)

Vimal Kumar Suri and Others Vs. Chanchal Bhaseen and Others

Court : Madhya Pradesh

1. This petition under Article 227 of the Constitution of India assails the order dated 22/09/2014 passed in Miscellaneous Civil Appeal No.10/2014 by the 12th Additional District Judge, Gwalior rejecting the prayer for temporary injunction made by the plaintiff on the ground that no prima facie case is made out. The said rejection has been upheld by the appellate court. 2. The basic facts giving rise to the instant case are that plaintiffs brought suit seeking declaration of title over the suit house in favour of the plaintiffs as well as defendant No. 3. The plaintiff further sought declaration of the sale deed dated 04.08.1978 to be void and restraining the defendants No. 1 to 5 from alienating the suit house. The suit property was allotted to Late Jaichand Suri, the grandfather of defendants No. 3 to 5. This allotment was pursuant to application submitted by Late Jaichand Suri before the Assistant Settlement Commissioner, Government of India after coming from Pakistan to India (Gwal...

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May 25 2015 (HC)

Madhu Mittal Vs. O.P. Sharma and Others

Court : Madhya Pradesh

1. This petition under Article 227 of the Constitution of India assails the order dated 10.04.2015 passed in Misc. Civil Appeal No.12/2014 by the First Additional District Judge, Sheopur, whereby rejection of temporary injunction by the trial court has been upheld. 2. Learned counsel for rival parties are heard on the question of admission. 3. The suit instituted by the plaintiff was for a decree of permanent injunction restraining the defendants/Company from digging pits in the agricultural land bearing Survey Number 80/1, admeasuring 0.418 hectare belonging to petitioner situated at Village Zaida Tahsil and District Sheopur for erection of tower for laying high tension electric line. 4.1 The plaintiff contended that being exclusive owner and in possession of the suit land, the same cannot be disturbed by the respondents/Company even for erection of tower for laying high tension line. The plaintiff contends that the land of the plaintiff cannot be utilized for any purpose by the respo...

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May 21 2015 (HC)

Ramprasad Lodhi Vs. State of Madhya Pradesh

Court : Madhya Pradesh

1. The appellant has preferred the present appeal being aggrieved with the judgment dated 22.1.1997 passed by the Sessions Judge, Tikamgarh in S.T.No.17/1993, whereby the appellant has been convicted of offence under Sections 306, 498-A of IPC and sentenced to 5 years rigorous imprisonment with fine of Rs.1,000/- and 2 years rigorous imprisonment with fine of Rs.250/-, default sentence was also imposed in lieu of payment of fine. 2. The prosecution s case, in short, is that, on 22.1.1992, the deceased Asha Bai, wife of the appellant was taken to the hospital with the report that she had consumed some poisonous substance. However, she could not be saved. Dr.A.K.Naik of Rajendra Hospital, Tikamgarh has sent a merg intimation to the police at Police Station Kotwali, Tikamgarh and it was registered as Ex.P/10. Dead body of the deceased was sent for post-mortem. A team of doctors including Dr.Amitabh Jain (P.W.5) performed the post-mortem on her body and gave a report, Ex.P/5. It was found ...

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