Sukhdev Singh vs The State Of Madhya Pradesh on 27 August, 2014

[Cites 71, Cited by 131]

Madhya Pradesh High Court

Sukhdev Singh vs The State Of Madhya Pradesh on 27 August, 2014

Author: Sushil Kumar Gupta

Bench: Subhash Kakade, Sushil Kumar Gupta

CRR No.1371 /2014
28.08.2014
Shri Sanjeev Kumar Singh, learned counsel for the
applicant.
Shri Amit Pandey, learned P.L. for the respondent/State.
The case is listed today for admission and orders on I.A.
No.13422/2014 for grant of stay.
Case diary is available.
Heard on the question of admission as well as aforesaid
IA.
Learned counsel for the applicant submits that the
applicant is a Branch Manager and he was posted as a Branch
Manager in Kshetriya Gramin Bank, Branch Beohari. As per the
case of prosecution it is alleged that the present applicant in the
capacity of Branch Manager of Kshetriya Gramin Bank, Shahdol
along with co-accused grant loan in the tune of Rs.3,50,000/- for
purchasing of a tractor in the name of died person Suddhu Singh.
He further argued that the applicant has not committed any
offence and he acted only in the capacity of the Branch Manager,
he took all type of precautions to sanction the loan amount. It is
also argued that the applicant who discovered the forgery and
thereafter recovery of loan amount with interest, he himself
submitted report before Station House Officer Karanpather and
S.P., Anuppur on 06/06/2006.
Heaving heard learned counsel for the applicant as well as
perusal of the case diary and the impugned order without
expressing any view on the merits of the case, it appears that this
Criminal Revision appears to be arguable; accordingly, this
revision is admitted for final hearing.
In view of the above aforesaid I.A. No.13422/2014 for
grant of stay is hereby allowed and further proceedings in S.T.
No.19/2010 is hereby stayed till the disposal of this Criminal
Revision.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1141 /2014
28.08.2014
Shri Anil Kumar Soni, learned counsel for the applicant.
None for the respondent.
The case is listed today for admission.
It would be appropriate to issue notices to the respondent
on the question of admission.
Let notice be issued to the respondent on payment of PF
with a week along with copy of the petition as well as others
document by both mode, which is made returnable 4 weeks.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1154 /2014
28.08.2014
None for the applicant.
Shri R.P. Tiwari, learned G.A. for the respondent/State.
The case is listed today for admission and order on I.A.
No.11502 /2014, an application for stay.
Case diary is not available.
In the absence of learned counsel for the applicant, the
case is adjourned.
List under the same head.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1155 /2014
28.08.2014
Shri Sanjay Kumar Patel, learned counsel for the
applicant.
Shri R.P. Tiwari, learned G.A. for the respondent/State.
The case is listed today for admission and order on I.A.
No.11504/2014 for grant of stay.
Case diary is not available.
It would be appropriate to peruse the case diary on the
question of admission as well as aforesaid IA.
G.A. is directed to call for the case diary on the next date
of hearing.
List the matter in the week commencing 08th September,
2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1156 /2014
28.08.2014
Shri M. Shafiqullah, learned counsel for the applicant.
Shri R.P. Tiwari, learned G.A. for the respondent/State.
The case is listed today for admission and order on I.A.
No.11511/2014 for grant of stay.
Learned counsel for the applicant seeks permission to
withdraw this petition.
Prayer is allowed.
In such premises this Criminal Revision stands dismissed
as withdrawn.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1164 /2014
28.08.2014
Shri Nitin Shukla, learned counsel for the applicant.
The case is listed today for admission and order on I.A.
No.11584/2014 for grant of stay.
Learned counsel for the applicant prays for and is granted
1 week time to argue the matter.
List the case after 1 week.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1165 /2014
28.08.2014
None for the applicant.
Shri R.P. Tiwari, learned G.A. for the respondent/State.
The case is listed today for admission and order on I.A.
No.11612/2014, an applicant for interim custody of seized
vehicle.
Since no one is appeared, the case is adjourned.
List under the same head.

(Sushil Kumar Gupta)
JUDGE
Ajay
Criminal Revision No.1019/2002
19.08.2014
Shri Pranay Gupta, learned counsel for the applicant.

Shri V.K. Pandey, learned Panel Lawyer for the
respondent/State.

Arguments heard.
Reserved for orders.

(Sushil Kumar Gupta)
Judge

.08.2014

Order passed separately, signed and dated.

(Sushil Kumar Gupta)
Judge

Ajay
CRA No.1396 /2013
27.08.2014
Shri Jai Singh Rajput, learned counsel for the
appellant/victim.
Shri Lokesh Jain, learned counsel for the respondent No.1
Shri R.P. Tiwari, learned G.A. for the respondent
No.2/State.
The case is listed today for admission and urgent hearing
on I.A. No.26850/2013.
Learned counsel for the appellant prays for and is granted
1 weeks time to argue the matter although the application for
urgent hearing is filed by the appellant.
Prayer is allowed.
List the case after 1 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2088 /2013
27.08.2014
Shri Parash Patel, learned counsel for the applicant.
Shri R.P. Tiwari, learned G.A. for the respondent/State.
The case is listed today for admission and order on I.A.
No.23212/2013 for stay.
Heard on the question of admission as well as aforesaid
IA.
While arguing the matter, on putting some query by this
Court, learned counsel for the applicant prays for short
adjournment for preparation of the case.
Prayer is allowed.
List the case after 2 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2128 /2013
27.08.2014
Shri Parash Patel, learned counsel for the applicant.
Shri R.P. Tiwari, learned G.A. for the respondent/State.
The case is listed today for admission and order on I.A.
No.23212/2013 for stay.
Heard on the question of admission as well as aforesaid
IA.
After arguing for the some time and the aforesaid IA on
putting some query report on the Court, learned counsel for the
applicant prays for short adjournment after preparation of the
case along with the some cases large.
Prayer is allowed.
List the case after 2 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2232 /2013
27.08.2014
Shri Lokesh Jain, learned counsel for the applicant.
Shri B.P. Pandey, learned G.A. for the respondent/State.
The case is listed today for orders on admission and
consideration of I.A. No.24618/2013 for grant of stay.
Case diary is not available.
Learned G.A. submits that case diary has been produced in
another MCRC before this Court and because of this is not
available and prays for short time to call for the case diary.
Prayer is allowed.
List thereafter.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2293/2013
27.08.2014
Shri H.K. Upadhyay, learned counsel for the applicants.
Shri B.P. Pandey, learned G.A. for the respondent/State.
The case is listed today for admission and consideration of
I.A. No.27454/2013, an application for taking documents on
record.
Learned G.A. for the respondent/State submits that he has
not been supplied the copy of documents annexed with the
aforesaid IA.
Learned counsel for the applicants submitted that copy of
the document has already been supplied, but the G.A. submitted
that at present copy of the document is not available with him.
Learned counsel for the applicant is directed to supply the
copy of the documents to the G.A.
The interim order shall remain continued till the next date
of hearing.
List this case on 17/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRA No.1152 /2013
27.08.2014
Shri L.P. Singh, learned counsel for the appellants.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for consideration of I.A.
No.26242/2013, an application for change of counsel.
Appellants are also present in person. They are duly
identified by their counsel Shri L.P. Singh. Their presence be
marked.
Heard on the aforesaid IA which is an application for
permission to change the counsel.
Learned counsel for the appellants submits that appellants
engage Shri H.S. Dubey and their associates for further
proceedings.
After due consideration, keeping in view that the
appellants have a right to prosecute their case by their own
choice of counsel, the aforesaid IA is hereby allowed and Shri
H.S. Dubey and their associates are permitted to prosecute in this
Criminal Appeal for further proceedings and also directed to file
the vakalatnama for the same.
Office is directed to reflect the name of Shri H.S. Dubey
and their associates counsel for the appellants in the cause list.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRA No.2100 /2013
27.08.2014
Shri Sunil Pandey, learned counsel for the appellants.
Shri Amit Pandey, learned PL for the respondent/State.
Shri C.S. Patel, learned previous counsel for the
appellants.
The case is listed today for consideration of I.A.
No.12661/2014, an application for change of counsel.
Heard on the aforesaid IA which is supported by the
affidavit of Kamta Prasad uncle of the appellant/accused.
After due consideration, keeping in view that the appellant
has right to prosecute their case by their own choice of counsel.
In such premises the aforesaid IA is hereby allowed and
Shri Sunil Pandey and his associates is permitted to prosecute in
this Criminal Appeal for further proceedings and also directed to
file the vakalatnama for the same.
Office is directed to reflect the name of Shri Sunil Pandey
counsel for the appellants in the cause list.

(Sushil Kumar Gupta)
JUDGE
Ak
MCRC No.6222 /2013
27.08.2014
Shri Sunil Pandey, learned counsel for the applicant.
Shri Jagdish Singrol, learned counsel for the respondent.
The case is listed today for admission and consideration of
I.A. No.11107/2013, an application for grant of stay.
Learned counsel for the respondent prays for and is
granted 3 weeks time to file reply of aforesaid IA.
List the matter after 3 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1596 /2011
27.08.2014
Shri Arvind Singh, learned counsel for the applicant.
Shri G.S. Baghel, learned counsel for the respondent.
The case is listed today for admission and consideration of
I.A. No.5450/2004 for stay with appearance of applicant and
non-applicant.
Learned counsel for the applicant submits he is not in
contact with the applicant and also not aware of the current status
of the trial.
Learned counsel for the applicant prays for and is granted
1 months time to argue the matter.
Case be listed on 26/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1825 /2008
27.08.2014
Shri A.P. Shah, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent/State.
The case is listed today for admission.
Vide Court order dated 22/07/2014, learned PL was
directed to call for the report from the concerned jail whether
applicant has served the awarded jail sentence or not and whether
he has been released after serving the jail sentence, and if he is
still in custody, then he will return in jail but report is not
received till now.
In such premises learned PL is directed to call for the
report positively on the next date of hearing.
List the matter on 15/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2279 /2008
27.08.2014
Smt. Sweta Gupta, learned counsel for the applicant.
Shri Sanjay Jhariya, learned counsel for the respondent
No.1.
Shri B.P. Pandey, learned GA for the respondent
No.2/State.
The case is listed today for admission.
As per earlier Court order the applicant was directed to
surrender before the Court below because after conviction
applicant has not surrender before the Court below.
Learned counsel the applicant prays for and is granted 2
weeks time to compliance the Court order positively.
List the matter on 15/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.8996 /2010
27.08.2014
Shri Harish Bangaiya, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent/State.
The case is listed today for admission.
Learned counsel for the applicant submits he is not contact
with the applicant since lone time also not aware of the current
status of the trial before the trial Court and prays for 2 weeks
time to ascertain the latest position of trial before the trial Court.
List the matter after 2 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.538 /2012
27.08.2014
Shri Gopal Jaiswal, learned counsel for the applicant.
Shri Pankaj Dubey, learned counsel for the respondent.
The case is listed today for admission and consideration of
I.A. No.5907/2012 for stay.
Learned counsel for the applicant prays for and is granted
3 weeks time to argue the matter.
List the matter after 3 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2040 /2011
26.08.2014
Miss Indu Pandey, learned counsel for the applicant.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Case diary is not available.
It would be appropriate to peruse the case diary on the
question of admission.
PL is directed to call for the case diary on the next date of
hearing.
List the matter in the week commencing 8th September,
2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2059 /2011
26.08.2014
Shri Sanjay Patel, learned counsel for the applicant.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for admission and consideration of
I.A. No.23627/2011 for stay and I.A. No.23972/2012 for taking
document on record.
Learned counsel for the applicant submits he is not contact
with the applicant since lone time also not aware of the current
status of the trial before the trial Court and prays for 2 weeks
time to ascertain the status of the trial before the trial Court.
List after 2 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2078/2011
26.08.2014
Shri Mohd Amjad, learned counsel for the applicant.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Learned counsel for the applicant prays for and is granted
2 weeks to take the instructions from the applicant.
List after 2 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRA No.2523 /2011
26.08.2014
Shri Tribhuwan Mishra, learned counsel for the appellant.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Heard on the question of admission.
Against the same impugned judgment by the appellant as
well as other co-accused in Criminal Appeal No.1083/2009 has
been filed.
Criminal Appeal No.1083/2009 has already been admitted
and this CRA is against the same impugned judgment for
releasing the gun on superdaginama.
List this case for final hearing along with CRA
No.1083/2009 for analogous hearing.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.437/2008
26.08.2014
Shri Lal Dharmendra Baghel, learned counsel for the
applicant.
Shri B.P. Pandey, learned GA for the respondent/State.
The case is listed today for admission but the learned
counsel for the applicant appraise to the Court that this criminal
Revision has already been admitted vide Court order dated
22/07/2014.
After perusal of the Court order dated 22/07/2014 this
Revision has already been admitted and today wrongly be listed
for admission.
Learned counsel for the applicant submits that record of
the lower Court is not received. It be call for immediately.
List the matter for final hearing after receiving the lower
Court records.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.462 /2008
26.08.2014
Shri Sanjay Singh, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent.
The case is listed today for consideration of question on
admission.
Case diary is not available.
GA is directed to call diary on the next date of hearing and
place before this Court.
Learned counsel for the applicant is directed to verify the
current status of trial before the trial Court.
List the matter after 2 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.470 /2008
26.08.2014
Shri B.P. Singh, learned counsel for the applicant.
The case is listed today for admission.
Learned counsel for the applicant submits that
conversation of settlement between the parties are going on and
probably matter would be resolved for settlement in near future
and prays for 4 weeks time to file the compromise application
before this Court.
List after 4 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.2171 /2008
26.08.2014
Shri D.K.Sharma, learned counsel for the applicant.
None for the respondent.
The case is listed today for admission.
It would be appropriate to issue notices to the respondent
on the question of admission.
Let notice be issued to the respondent on payment of PF
with a week along with copy of the petition as well as others
document by both mode, which is made returnable 4 weeks.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.539 /2009
26.08.2014
Shri Aseem Dixit, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent/State.
The case is listed today for admission.
Heard on the question of admission.
After perusal of the impugned judgment as well as the
records of the lower Courts and in the facts and circumstances,
this criminal Revision appears to be arguable.
Accordingly, this Revision is admitted for final hearing.
List the matter for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1106 /2009
26.08.2014
Shri Shashank Upadhyay, learned counsel for the
applicant.
Shri B.P. Pandey, learned GA for the respondent/State.
The case is listed today for orders on admission.
Record of the lower court has already been received and
placed on record.
The applicant has been convicted under Section 25(1) (b)
(b) of the Arms Act and sentence for 1 year RI with fine of
Rs.1000/-.
After perusal of the impugned judgment as well as the
records of the lower Court and the reasoned mention in the Court
order dated 08/07/2009 for suspension of remaining jail
sentence, this criminal Revision appears to be arguable.
Accordingly, this Revision is admitted for final hearing.
List the matter for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1443 /2009
26.08.2014
Ku. Anita Kaithwas, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent
No.1/State.
None for the respondent No.2 and 3.
The case is listed today for admission.
Let notice be issued to the respondent No.2 and 3 on the
question of admission on payment of PF with a week along with
copy of the petition as well as others document by both mode,
which is made returnable 4 weeks.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1682 /2009
26.08.2014
Shri P.N. Mishra, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent/State.
The case is listed today for admission.
Learned counsel for the applicant submits he is not contact
with the applicant since lone time because the criminal Revision
is pending from 2009 and he is also not aware of the current
status of the trial before the trial Court and prays for 4 weeks
time to ascertain the status of the trial whether still is pending or
not.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.5876 /2009
26.08.2014
Shri Anil Lala, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent
No.1/State.
None for the respondent Nos.2 to 4.
The case is listed today for admission.
Learned counsel for the applicant submits that whether the
investigation has been completed and challan has been filed or
not, he is not aware and prays for ascertain the current status of
the matter.
Let notice be issued to the respondent Nos.2 and 4 on the
question of admission on payment of PF with a week along with
copy of the petition as well as others document by both mode,
which is made returnable 4 weeks.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.5874 /2009
26.08.2014
Shri Anil Lala, learned counsel for the applicant.
Shri B.P. Pandey, learned GA for the respondent
No.1/State.
None for the respondent Nos.2 to 4.
The case is listed today for admission.
Learned counsel for the applicant submits that whether the
investigation has been completed and challan has been filed or
not, he is not aware and prays for ascertain the current status of
the matter.
Let notice be issued to the respondent Nos.2 and 4 on the
question of admission on payment of PF with a week along with
copy of the petition as well as others document by both mode,
which is made returnable 4 weeks.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.416/2010
26.08.2014
Shri A.D. Mishra, learned counsel for the applicant.
Shri Amit Pandey, learned PL for the respondent
No.1/State.
The case is listed today for admission.
It would be appropriate to issue notices to the respondent
Nos.2 to 9 on the question of admission. Against which
impugned order this criminal Revision has been filed by the
applicant some of the accused person has been convicted.
In such premises learned PL for the respondent No.1 is
directed to verify the fact whether any appeal has been filed by
the co-accused person or not in the impugned order.
Let notice be issued to the respondent Nos.2 and 9 on
payment of PF with a week along with copy of the petition as
well as others document by both mode, which is made returnable
4 weeks.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.10838 /2009
26.08.2014
Shri A.K. Singh, learned counsel for the applicant.
None for the respondent.
The case is listed today for order on admission.
Learned counsel for the applicant prays for and is granted
3 weeks time to argue the matter.
List after 3 weeks.

(Sushil Kumar Gupta)
JUDGE
ak/-
CRR No.902/2006
25.08.2014
None for the applicant.
Shri Amit Pandey, learned PL for the respondent
No.1/State.
Shri S. Usmani, learned counsel for the respondent No.2.
The case is listed today for admission.
Earlier on also 11/07/2014 no one had appeared even
today also neither the applicant nor his counsel appeared. It
appears that the applicant is not interesting in prosecuting this
petition.
In such premises this criminal revision stands dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRA No.986/2013
25.08.2014
Shri Manish Tiwari, learned counsel for the appellant.
Shri Amit Pandey, learned PL for the respondent
No.1/State.
Shri Anil Khare, learned Senior Counsel assisted by Shri
Jasmeet Singh, counsel for the respondent No.2.
Learned counsel for the appellant submits that the matter
will be argue by his Senior Counsel Shri Manish Dutt and he is
busy in another Court and prays for 2 weeks time.
Learned counsel for the respondent No.2 does not opposes
the prayer.
Let the matter be listed on 02/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRA No.1049 /2013
25.08.2014
None for the appellant even in the second round.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for removing so many defaults.
Earlier also on 02/07/2014 a week's time was granted to
remove the default as pointed out by office, failing which this
appeal was directed to be dismissed, but even then default has
not been removed.
As a last opportunity a weeks' time is granted to remove
the default, failing which this appeal shall stand dismiss without
further reference to this Bench.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.3664 /2013
25.08.2014
None for the applicant even in the second round.
The case is listed today for removing various default
which was pointed by the office.
This case has been listed since 26/04/2013 for removing
the default continuously but despite the Court orders default is
not removed till now.
In such premises it appears that the applicant is not
interesting in prosecuting this petition.
Accordingly, this petition is dismissed for non compliance
of the Court orders as well as want of prosecution.

(Sushil Kumar Gupta)
JUDGE
ak/-
MCRC No.16845 /2013
25.08.2014
None for the applicant even in the second round.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for orders on I.A. No.27642 /2013
for grant of stay.
In the absence of learned counsel for the applicant, the
case is adjourned.
List in the next week.

(Sushil Kumar Gupta)
JUDGE
ak/-
CRA No.3051/2013
25.08.2014
Shri Aseem Dixit, learned counsel for the appellants.
Shri Amit Pandey, learned PL for the respondent/State.
Appellant is also present in person. He is duly identified
by his counsel Shri Aseem Dixit. His presence is marked.
The case is listed today for order on non-appearance of
accused/appellants on 12/03/2014.
Learned counsel for the appellants submits that he has
filed I.A. No.16802/2014, an application for non-appearance of
appellants on 12/03/2014, but the same is not in the record
because the application has filed today.
Office is directed to this application placed on record.
Heard on the aforesaid IA.
Learned counsel for the appellants submits that they could
not appeared before this Registry on 12/03/2014 because the slip
of the date was missed.
After due consideration, the aforesaid IA is hereby allowed
and the non-appearance of the accused/appellants is condoned.
Now the appellants are directed to appear before this Court on
13/10/2014 and on such subsequent dates as may be fixed in this
regard.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRA No.793 /2009
25.08.2014
None for the appellant.
Shri Amit Pandey, learned PL for the respondent/State.
The case is listed today for presence of accused/appellant.
As per Court order dated 14/08/2014 appellant was
produced in custody from Central Jail, Jabalpur and he sent back
to the same escorts.
It appears that the appellant is in jail.

(Sushil Kumar Gupta)
JUDGE
Ak
CRR No.1299/2006
25.08.2014
None for the applicant.
The case is listed today for admission and consideration of
I.A. No.7265/2006 for grant of stay.
Earlier also no one had appeared on 11/07/2014 even
today also neither the applicant nor his counsel appeared. It
appears that the applicant has lost his interest in prosecuting this
petition.
In such premises this criminal revision stands dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.1483/2006
25.08.2014
Shri Imtiaz Husain, learned counsel for the applicant.
Shri Hemant Namdeo, learned counsel for the respondent..
The case is listed today for admission and consideration of
I.A. No.8151/2006 for grant of stay.
Record of the lower Court is not available.
It would be appropriate to peruse the lower Court record
on the question of admission as well as aforesaid IA.
Let record of the lower Court be requisitioned.
List the matter after receiving the lower Court record.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.646/2012
25.08.2014
Shri Manas Verma, learned counsel for the appellant.
Shri Amit Pandey, learned P.L. for the respondent-State.
Appellant is also present in person. He is duly identified
by his counsel Shri Manas Verma. His presence is marked.
The case is listed today for order on non-appearance of
appellant on 29/04/2014.
Learned counsel for the appellant submits that he has filed
I.A. No.16804/2014, an application for non-appearance of
appellant on 29/04/2014, but the same is not in the record
because the application has filed today.
Office is directed to this application placed on record.
Learned counsel for the appellant submits that due to ill
health of his mother he could not appeared before this Registry
on 29/04/2014.
Accordingly, his non-appearance of appellant is hereby
condoned and the aforesaid application is allowed.
Learned counsel for the appellant/accused is directed to
keep present the appellant before this Court on 13/10/2014.

(Sushil Kumar Gupta)
JUDGE

Ak
CRA No.558/2013
25.08.2014
None for the appellant even in the second round.
Shri Amit Pandey, learned PL for the respondent
No.1/State.
None for the respondent No.2 even in the second round.
The case is listed today for consideration of I.A.
No.7037/2014.
In the absence of learned counsel for the applicant, the
case is adjourned.
List under the same head.

(Sushil Kumar Gupta)
JUDGE
ak/-
Cr.A.No.2574/2011
25.08.2014
Shri Rahul Gupta, learned counsel for the appellant.
None for the respondent No.1
Shri Amit Pandey, learned P.L. for the respondent
No.2/State.
The case is listed today for orders on presence of the
accused/appellant No.1-Bhagwat.
A bailable warrant in the sum of Rs.5000/- has been issued
for secure the presence of the respondent No.1-Bhagwat but the
same has received unserved along with a report of P.S. Doraha,
District-Sehore, according to which respondent No.1-Bhagwat
S/o Madholal is not living in village Tumda, P.S. Khajuri Sadak,
District-Bhopal, (M.P.) since last 2 to 3 years.
In such premises a fresh bailable warrant of arrest in the
sum of Rs.5000/- again be issued to the respondent No.1-
Bhagwat. Warrant be sent to the SP, Sehore for strict compliance
so it may not be return back unserved.
List the matter for appearance of the respondent No.1 on
17/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.A.No.2247/2007
25.08.2014
Shri Surendra Mishra, learned counsel for the appellant.
Shri Amit Pandey, learned P.L. for the respondent-State.
The case is listed today for further orders.
A report has been received from Sub-Jail, Katni, according
to which the appellant/accused is detained. In sub jail, Katni in
connection with Crime No.710/2013 under Sections 302, 201
and 120B of the IPC.
The appeal has already been admitted.
List the case for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.R.No.1195/2013
25.08.2014
Shri Lokesh Jain, learned counsel for the applicants.
Shri Amit Pandey, learned P.L. for the respondent-State.
The case is listed today for appearance of the applicants
No.2-Motilal and No.3-Smt.Lodriya Bai.
Learned counsel for the applicants submits that he is not in
contact with them.
Let bailable warrant in the sum of Rs.5000/- be issued for
secure the presence of the each applicants before this Court.
List the matter for appearance of the applicants/accused on
15/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.R.No.933 /2013
25.08.2014
Shri Ashish Tiwari, learned counsel for the applicant.
Shri Amit Pandey, learned P.L. for the respondent-State.
The case is listed today for non-appearance of the
applicant Bhan Singh Thakur on 01/08/2014.
Learned counsel for the applicant undertakes to produce
the applicant on the next date of hearing and also directed to
move an appropriate application for condonation of non-
appearance of the applicant/accused on 01/08/2014.
Learned counsel for the applicant is directed to keep
present the applicant on 08/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.A.No.2298 /2009
25.08.2014
Shri U.P. Waghare, learned counsel for the appellant.
Shri Amit Pandey, learned P.L. for the respondent-State.
The case is listed today for consideration of IA.No.15938/14,
an application for permanent exemption of appellants No.3 and 4 from
personal appearance before this Court.
Heard on the aforesaid I.A.
Learned counsel for the appellants No.3 and 4 submits that
appellants No.3 and 4 are ladies and they belong to Purani Basti,
Amarpataa, Satna and they are not in a position to attend each and
every dates at Jabalpur by incurring huge expenses of traveling,
therefore, they may be exempted from personal appearance before the
Registry of this Court.
The reason stated in the aforesaid I.A. appears to be bonafide.
Accordingly, application is hereby allowed and instead the Registry of
this Court, appellants are directed to appear before the trial Court,
Amarpatan, District-Satna firstly on 16/10/2014 and on such other
subsequent dates as are fixed by such Court in this regard till disposal
of this appeal. The Trial Court, Amarpatan be intimated in this regard
within one month. Appellants are also directed to file certified copy of
this order before such Court within 7 days. The Trial Court,
Amarpatan is further directed to submit the report for non-appearance
of the appellants to this Court.
C.c. as per rules.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.R.No.1594 /2011
22.08.2014
Shri Subodh Kathar, learned counsel for the applicants.
Shri V.K. Pandey, learned P.L. for the respondent-State.
The case is listed today for orders on IA.No.13361/14, an
application for grant of exemption from personal appearance
before this Court.
Parties are heard on the aforesaid I.A.
The applicants have filed this application on the ground
that he is a poor person and they are not in a position to arrange
the money to appear before the Registry of this Court on each
and every date.
The reason stated in the aforesaid I.A. appears to be
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, applicants are directed to appear
before the trial Court, Katni firstly on 14/10/2014 and on such
other subsequent dates as are fixed by such Court in this regard
till disposal of this appeal. The Trial Court, Katni be intimated in
this regard within one month. Applicants are also directed to file
certified copy of this order before such Court within 30 days.
The Trial Court, Katni is further directed to submit the report for
non-appearance of the applicants to this Court.
C.c. as per rules.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.R.No.1114 /2013
22.08.2014
Shri Raghvendra Tiwari, learned counsel for the applicant.
Shri V.K. Pandey, learned P.L. for the respondent-State.
The case is listed today for cancellation of warrant under
Section 17 (2) on I.A. No.15584/2014.
Today also applicant is not present.
Learned counsel for the applicant undertakes to produce
the applicant on the next date of hearing.
Learned counsel for the applicant is directed to keep
present the applicant on 01/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.A.No.427 /2014
22.08.2014
Shri Shyam Sunder Singrore, learned counsel for the
appellant.
Shri V.K. Pandey, learned P.L. for the respondent-State.
The case is listed today for orders on IA.No.12322/14 an
application for exemption from personal appearance before this
Court.
Parties are heard on the aforesaid I.A.
The appellant has filed this application on the ground that
he is a poor labour person and he cannot arrange money to
appear before the Registry of this Court on each and every date.
The reason stated in the aforesaid I.A. appears to be
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, appellant is directed to appear before
the CJM, Panna firstly on 14/10/2014 and on such other
subsequent dates as are fixed by such Court in this regard till
disposal of this appeal. The CJM, Panna be intimated in this
regard within one month. Appellant is also directed to file
certified copy of this order before such Court within 30 days.
CJM, Panna is further directed to submit the report for non-
appearance of the appellant to this Court.
C.c. as per rules.

(Sushil Kumar Gupta)
JUDGE

Ak
CRR No.736 /2014
22.08.2014
Shri Manoj Kumar Pandey, learned counsel for the
applicant.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for order on question of
maintainability of the petition.
Learned counsel for the applicant seeks permission to
withdraw this petition.
Prayer is allowed.
In such premises this petition is dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE
Ajay
CRR No.860 /2014
22.08.2014
Shri Anand Shrivastava, learned counsel for the applicant.
None for the respondent No.1.
Shri V.K. Pandey, learned PL for the respondent
No.2/State.
The case is listed today for consideration of I.A.
No.8940/2014, an application for grant of stay.
Learned counsel for the applicant prays for listing this case
for final hearing.
This Criminal Revision has already been admitted on
23/06/2014.
Learned counsel for the applicant is directed to supply this
revision as well as annexed document to the State counsel within
3 days.
List the matter for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
Ajay
Criminal Appeal No.2351 /2008
22.08.2014
Shri Hemant Namdev, learned counsel for the appellant
appointed by the High Court Legal Aid Service at Jabalpur.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Heard on the question of admission.
The appellant has been convicted under Section 304-B of
IPC and sentence to undergo RI for 10 years with fine of
Rs.2000/- and under Section 498-A of IPC and sentence to
undergo RI for 2 years with fine of Rs.1000/- and under Section
4 of Dowry Prohibition Act with fine of Rs.1000/- passed by
IVth Additional Sessions Judge (Fast Track), Satna (MP) in
Sessions Trial No.51/2007.
Record of the lower Court has been received.
After perusal of the impugned judgment as well as of the
record of the trial court, this criminal appeal is admitted for final
hearing.
Learned counsel for the appellant submits that being he is
appointed by the High Court Legal Aid Services and he is not
received copy of the appeal memo as well as all the others
documents.
Office is directed to supply the copy of the appeal memo
as well as annexed all the documents including judgment to the
counsel for the appellant within 7 days.
Learned counsel for the appellant prays for listing the case
for consideration of I.A.No.14059/2008, an application under
Section 389 (1) of Cr.P.C. on 15/09/2014.
List the matter on 15/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.11389/2011
21.08.2014
Shri Sidharth Dutt, learned counsel for the applicant.
Shri V.K. Pandey, learned PL for the respondent
No.1/State.
The case is listed today for admission.
Learned counsel for the applicant seeks permission to
withdraw this petition.
Prayer is allowed.
In such premises this petition stands dismissed as
withdrawn.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.12782/2011
21.08.2014
Shri A.P. Singh, learned counsel for the applicant.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Learned counsel for the applicant prays for and is granted
one week's time to argue the matter.
List in the next week.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.13176/2011
21.08.2014
None for the applicant.
None for the respondent No.1
Shri V.K. Pandey, learned PL for the respondent No.2.
The case is listed today for admission and consideration of
I.A. No.22470/2011 for stay.
In the absence of learned counsel for the applicant, the
case is adjourned.
List under the same head.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.13543/2012
21.08.2014
Shri A.P. Singh, learned counsel for the applicant.
None for the respondent.
The case is listed today for admission and consideration of
I.A. No.23127/2011 for confirmation of stay.
Learned counsel for the applicant informs to the Court that
applicant has died and in such premises he seeks permission to
withdraw this petition.
Prayer is allowed.
In the aforesaid circumstances, this petition is dismissed as
withdrawn.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.13704/2011
21.08.2014
None for the applicant.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for admission.
This petition has been filed for quashing of the FIR in
Crime No.402/2011, registered under Section 498-A and 506 of
the IPC and this petition is pending since 2011.
In such premises learned PL is directed to call for the status of
the matter in Crime No.402/2011, whether the charge sheet has filed
or not.
Office is directed to call the report for the same on the next
date of hearing.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.14916/2011
21.08.2014
None for the applicant.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for final hearing.
In the absence of learned counsel for the applicant, the
case is adjourned.
List under the same head.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.174/2012
21.08.2014
None for the applicant.
Shri Arvind Singh, learned PL for the respondent No.1.
The case is listed today for admission.
In the absence of learned counsel for the applicant, the
case is adjourned.
List under the same head after one week.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.927/2012
21.08.2014
None for the applicant.
Shri Aseem Dixit, learned counsel for the respondent.
The case is listed today for admission.
Earlier also no one had appeared and today also neither the
applicant nor his counsel is present. As a last opportunity given
to the learned counsel for the applicant.
The case is adjourned.
List the matter after one week.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.1498/2012
21.08.2014
None for the applicant.
Shri Arvind Singh, learned PL for the respondent Nos.1 to
4.
The case is listed today for admission.
Vide Court order dated 23/01/2013, the learned PL for the
state was directed to call for the present status of the
investigation of impugned FIR which is Crime No.167/2011,
registered at P.S. Patera, District-Damoh within 15 days but the
same is not received.
Learned PL further directed to call for the same within 15
days.
List the matter under the same head in the week
commencing 08/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.2023/2012
21.08.2014
Shri Sudeep Patel, learned counsel for the applicant.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for admission orders on I.A.
No.3231/2012, an application for stay.
Learned counsel for the applicant prays for and is granted
one week's time to argue the matter.
Prayer is allowed.
Case diary is not available.
Learned PL is directed to call the case diary on the next
date of hearing.
List after one week.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.2093/2012
21.08.2014
Shri Brajesh Rajak on behalf of Shri Anurag Sahu, learned
counsel for the applicant.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for admission.
Learned counsel for the applicant seeks permission to
withdraw this petition.
Prayer is allowed.
In such premises this petition stands dismissed as
withdrawn.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.2252/2012
21.08.2014
None for the applicant.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for admission and consideration of
I.A. No.3607/2012 for grant of stay.
Earlier also no one had appeared on 22/01/2013 as well as
on 10/01/14. Today also neither the applicant nor his counsel
appeared. It appears that the applicant has lost his interest in
prosecuting this petition.
In such premises this petition stands dismissed for want of
prosecution.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No.2666/2012
21.08.2014
Shri A. Fouzdar, learned counsel for the applicants.
Shri Arvind Singh, learned PL for the respondent
No.1/State.
Ms. Sweta Gupta, learned counsel for the respondent No.2.
The case is listed today for admission.
Learned counsel for the applicants submitted that he is not
in contact with the applicant and he is not aware of current status
of investigation and prays for one week time to argue the matter.
Prayer is allowed.
List the matter under the same head after one week.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.492 /2001
19.08.2014
None for the appellant, even in the second round.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for further orders vide Court order
dated 24/06/2014 four weeks time was granted to appellant to
submit reply as per order dated 19/04/2014 (wrongly mentioned
it was 29/04/2014), but till now the same is not complied.
The case is adjourned in the absence of the counsel for the
appellant.
List the matter under the same head.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.1645 /2014
19.08.2014
Shri Sandeep Kumar Jain, learned counsel appears in the
second round.
Shri Arvind Singh, learned PL for the respondent/State.
Learned counsel for the applicant submits that he has filed
an application for amendment today, but the same is not on
record.
Office is directed to put up that application on record and
list the matter after 3 days.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.2166 /1999
19.08.2014
None for the appellant, even in the second round.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for orders on PUD regarding non-
appearance of accused/appellant before trial Court on
03/03/2003.
The report has been received from 12th Additional Sessions
Judge, Jabalpur, according to which appellant Mahesh Kumar
did not appear on 03/03/2003 and thereafter also on other dates
he did not appear.
In such premises, let bailable warrant of arrest in the sum
of the Rs.5000/- be issued against the appellant for securing his
presence before this Court on 14/10/2014.
List the matter for presence of the appellant on
14/10/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.133 /2000
19.08.2014
Shri Manish Dutt, learned counsel for the applicant.
Shri Arvind Singh, learned PL for the respondent
No.6/State.
The case is listed today for orders on admission.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List this matter after two weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.211 /2000
19.08.2014
None for the applicant, even in the second round.
Shri V.K. Pandey, learned PL for the respondent
No.4/State.
The case is listed today for admission.
Today neither the applicant nor his counsel is present. It appears
that the applicant has lost his interest in prosecuting this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.276 /2000
19.08.2014
Shri Kishore Rao, learned counsel for the applicant.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Heard on the question of admission.
It would be appropriate to issue notice to the respondent
Nos.1 and 2 on the question of admission.
Let notice be issued to the respondent Nos.1 and 2 on
payment of PF with a week along with copy of the petition as
well as others document by both mode, which is made returnable
4 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.464 /2000
19.08.2014
Shri L.P. Singh, learned counsel for the applicant.
The case is listed today for admission.
Learned counsel for the applicant prays for and is granted
one week's time to argue the matter.
List this matter after one week.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.614 /2000
19.08.2014
None for the applicant.
Shri S.K. Dixit, learned counsel for the respondent.
The case is listed today for orders on admission.
It appears that the applicant has lost his interest in
prosecuting this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.726 /2000
19.08.2014
Shri Y.K. Gupta, learned counsel for the applicant.
Shri V.K. Pandey, learned PL for the respondent/State.
The case is listed today for admission.
Heard on the question of admission.
The applicant has been convicted under Section 498-A of
the IPC and sentenced to undergo RI six months with fine of
Rs.2000/-.
After due consideration and perusal of the impugned order
as well as record of the trial Court, this Cri. Revision appears to
be arguable.
List the matter for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.737 /2000
19.08.2014
None for the applicant, even in the second round.
The case is listed today for orders on admission.
The case is adjourned in the absence of the counsel for the
applicant.
List the matter under the same head.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.545 /2008
19.08.2014
Shri Anoop Saxena, learned counsel for the appellant.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for orders on I.A. No.4558/2013
for direction to appellant to remain present before the Sessions
Court for his appearance.
Heard on aforesaid IA.
The appellant has filed this application on the ground that
he is a poor person and he cannot arrange money to appear
before the Registry of this Court on each and every date.
After due consideration, the reason stated in the aforesaid
I.A. appears to be bonafide. Accordingly, application is hereby
allowed and instead the Registry of this Court, appellant is
directed to appear before the trial Court at Nowgaon District-
Chhatarpur firstly on 08/10/2014 and on such other subsequent
dates as are fixed by such Court in this regard till disposal of this
appeal. Trial Court District-Chhatarpur be intimated in this
regard within 7 days. Appellant is also directed to file certified
copy of this order before such Court within 30 days. The trial
Court District-Chhatarpur is further directed to submit the report
for non-appearance of the appellant to this Court.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.504 /2008
19.08.2014
Shri Nilesh Jain, learned counsel for the appellant.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for orders on non appearance of
accused/appellant-Arun Menon on 09/04/2014.
Learned counsel for the appellant submits that the
appellant/accused is undergoing treatment in a hospital in Bangalore
and after getting full information and medical papers, he will file an
appropriate application for condonation of his non appearance on
09/04/2014.
Earlier also the time was taken and today also appellant is not
present and no application is filed for non appearance of the appellant.
Learned counsel for the appellant undertakes to produce the
appellant on the next date of hearing and also undertakes to move an
appropriate application for condonation of non appearance on
09/04/2014.
Prayer is allowed.
Appellant counsel is directed to remain present the appellant-
Arun Menon on the next date of hearing as well as move an
appropriate application for condonation of his non appearance on
09/04/2014.
List the case for appearance of the appellant on 08/09/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.120 /2009
19.08.2014
Shri Rakesh Tiwari, learned counsel for the appellant.
Shri Arvind Singh, learned PL for the respondent/State.
The case is listed today for order of the appearance of the
appellant/accused.
Appellant/accused has been produced from Central Jail,
Jabalpur in custody by ASI Shri Dhaniram Sen. His presence is
marked.
He sent back with the same escort to Central Jail, Jabalpur.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.1216 /2013
19.08.2014
Shri Ashish Singh Parihar, learned counsel for the
appellant.
Shri Arvind Singh, learned PL for the respondent/State.
Appellant is also present in person. He is identified by his
counsel. His presence is marked.
The case is listed today for presence to the parties and for
orders on I.A. No.26373/2013, an application for compounding
of offence under Section 320 (2) of Cr.P.C. and I.A.
No.26374/2013, an application for permission to compound the
offence.
Learned counsel for the appellant prays for and is granted
two months time to argue the matter.
Prayer is allowed.
List the matter under the same head on 07/10/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.2437 /2013
19.08.2014
Shri Sudeep Patel, learned counsel for the applicant.
The case is listed today for orders on I.A. No.26870/2013
for condonation of delay.
Notice has already been issued to the respondent on
aforesaid IA, but the same has not received back either served or
unserved.
Let the matter be listed for awaiting the notices.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.1195 /2014
19.08.2014
Shri Tabrez Sheikh, learned counsel for the applicant.
Shri Rajendra Kumar Pandey, learned counsel for the non-
applicant.
The case is listed today for orders on I.A. No.11934/2014
for grant of stay.
Learned counsel for the non-applicant submits that he is
not received the copy of the annexed document of this Criminal
Revision.
Learned counsel for the applicant is directed to supply the
same during the course of the day.
Learned counsel for the non-applicant prays for and is
granted one week's time to argue the matter.
Prayer is allowed.
List the matter on first week of September, 2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.1639 /2014
19.08.2014
Shri Vivek Rusia, learned counsel for the applicant.
The case is listed today for orders on I.A. No.15613/2014,
application for exemption of filing certified copy and I.A.
No.15611/2014 for grant of stay.
Learned counsel for the applicant submits that again the
same impugned order another Criminal Revision No.1305/2014
is pending before this Court and in which certified copy of the
order has already been filed and prays for analogous hearing with
the CRR No.1305/2014.
Prayer is allowed.
List the matter along with CRR No.1305/2014 for
analogous hearing.
Let notice be issued to the respondent on payment of PF
with a week along with copy of the petition as well as others
document by both mode, which is made returnable 4 weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.3082 /1998
19.08.2014
Shri Arvind Singh, learned P.L. for the appellant/State.
Shri Aseem Dixit, learned counsel for the respondent.
The case is listed today for orders on admission.
Learned counsel for the respondent submits that this
matter to be listed before the Division Bench.
After perusal of the record, office is directed to list this
matter before appropriate bench.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.105 /2014
14.08.2014
Shri Lokesh Jain, learned counsel for the applicant.
Shri Arvind Singh, learned P.L. for the respondent
No.2/State.
The case is listed today for order on I.A. No.1209/2014, an
application for stay.
Case diary is available.
Parties are heard on aforesaid IA.
Learned counsel for the applicant submits that the trial
Court has erroneously recorded the finding against the applicant
and misinterpreting the provisions of law by framing charge
against them. There is no evidence against the applicant for
framing the charge under Section 306/34 of the IPC. There is no
ingredients to constitute under Section 306 of the IPC, therefore
he prays for stay of proceedings of S.T. No.435/2003.
Learned Panel Lawyer for the State opposes the aforesaid
IA and prays for dismissal.
After perusal of the impugned order as well as the fact and
circumstances available in the case diary without expressing any
opinion on the merit of the case where the charge has already
framed and trial is going on, I am not inclined to stay the further
proceedings of S.T. No.435/2003, accordingly the aforesaid IA is
hereby dismissed.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.918/14
14.08.2014
Shri Dharmendra Patel, learned counsel for the appellant.
None for the respondent.
The case is listed today for consideration of I.A.
No.14590/2014, an application for permanent exemption.
Parties are heard on aforesaid IA.
The appellant has filed this application on the ground that
he is a poor person and he cannot arrange money to appear
before the Registry of this Court on each and every date.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, appellant is directed to appear before
the Special Judge (Electricity Act), Sehore firstly on 11/11/2014
and on such other subsequent dates as are fixed by such Court in
this regard till disposal of this appeal. Special Judge (Electricity
Act), Sehore be intimated in this regard within one month.
Appellant is also directed to file certified copy of this order
before such Court within 30 days. Special Judge (Electricity
Act), Sehore is further directed to submit the report for non-
appearance of the appellant to this Court.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.654 /14
14.08.2014
Shri Jai Singh Thakur, learned counsel for the applicant.
Shri Arvind Singh, learned P.L. for the respondent No.2/State.
The case is listed today for consideration of I.A. No.6811/2014,
an application under Section 5 of Limitation Act.
Learned counsel for the applicant informed that the applicant
has already suffered the jail sentence of 1 year as awarded, but inspite
of that he has not been released from jail.
Although, the case is listed today for consideration of I.A.
No.6811/2014, an application under Section 5 of Limitation Act, but
in the above new circumstances informed by the learned counsel for
the applicant, it would be appropriate to call for the report from the
concerning jail authority Sehore. Hence, P. L. is directed to submit the
report with regard to the applicant whether he has suffered the
awarded jail sentence and released from jail or is still in jail in
connection with this case.
Learned Panel Lawyer is directed to call the report positively
on 22/08/2014.
C.C. as per rules.
(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.691/14
14.08.2014
Shri H.B. Gautam, learned counsel for the applicant.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant prays for and is granted
four weeks time to argue the matter.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.834/14
14.08.2014
Shri Lalji Kushwaha, learned counsel for the applicant.
The case is listed today for consideration of I.A.
No.8712/2014 for grant of stay.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.849/14
14.08.2014
Shri Anil Kumar Gupta, learned counsel for the applicant.
Shri B.P. Pandey, learned G.A. for the respondent/State.
The case is listed today in default of signature of all the
applicants on memo of appearance.
Learned counsel for the applicant prays for and is granted
two weeks time to cure the default.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cri.R. No.901/2014
14.08.2014
Shri Amit Jain, learned counsel for the applicant.
Shri B.P. Pandey, learned G.A. for the respondent/State.
The case is listed today for orders on I.A. No.9351 /2014, an
application for condonation of delay and order on I.A. No.9350/2014
for grant of stay.
Heard on aforesaid IA.
So far as I.A. No.9351/2014 is concerned, there is delay of 12
days in filing the revision. The reason stated in the application for
causing delay in filing the Criminal Revision has been explained
sufficiently, appears to be bonafide & which is also supported by the
affidavit of applicant.
Accordingly, the aforesaid IA for condonation of delay is
hereby allowed and delay in filing the revision is condoned.
So far as IA.No. 9350/2014 is concerned.
Learned counsel for the applicant prays for stay of further
proceedings of Sessions Trial No.74/2011 till the final decision of this
revision.
Case diary is available.
Applicant is facing trial before the lower Court under Section
420, 467, 468, 471 and 409/34 of IPC and prosecution evidence has
already closed and matter is listed for examination of accused under
Section 313 of Cr.P.C.
In such premises I am not inclined to stay the further
proceedings of the S.T. No.74/2011, accordingly aforesaid IA is
hereby dismissed.
(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.912/14
14.08.2014
Shri Sankalp Kahar, learned counsel for the applicants.
Shri B.P. Pandey, learned G.A. for the respondent/State.
The case is listed today for orders on I.A. No.9445/2014,
an application for condonation of delay and order on I.A.
No.9444/2014 for grant of stay.
Learned counsel for the applicants appraise to the Court
that against the same order complainant has also filed another
Criminal Revision No.2583/2013 and prays for analogous
hearing with this revision.
Prayer is allowed.
Office is directed to list the case alongwith Cr.R.
No.2583/2013.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.976/14
14.08.2014
Shri Ashish Singh Parihar, learned counsel for the
appellant.
Shri B.P. Pandey, learned G.A. for the respondent/State.
The case is listed today for orders on default of PF not
filed.
Learned counsel for the appellant prays for and is granted
one weeks' time to cure the default.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.R.No.1048 /14
14.08.2014
Shri Vijay Nayak, learned counsel for the applicant.
The case is listed today for consideration of I.A.
No.11886/2014, an application for modification of condition
imposed by the Court.
Learned counsel for the applicant submitted that this
application has filed for modification of condition imposed vide
order dated 18/06/2014.
The said order was passed by the coordinate Bench
(Hon'ble Shri Subhash Kakade, J). In such premises, office is
directed to list this matter before the Bench who has passed the
order dated 18/06/14 for consideration of aforesaid I.A. on
27/08/2014.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.1087/14
14.08.2014
Shri Mohd. Aadil Usmani, learned counsel for the
appellant.
Shri B.P. Pandey, learned G.A. for the respondent No.5-
State.
The case is listed today for consideration of I.A.
No.10451/2014, an application for condonation of delay.
It would be proper to issue notice to respondent Nos.1 to 4
before the consideration of aforesaid IA.
Let notice be issued to the respondent Nos.1 to 4 on
payment of PF within one week along with the copy of the
aforesaid IA by registered post as well as by ordinary mode.
Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.2928/11
13/08/2014
Shri Neeraj Pathak, learned counsel for the appellants.
Shri Vivek Lakhera, P.L. for respondent-State.
Today the case is listed for orders on non-appearance of
appellant Nos.2 to 8 on 24/03/14.
Learned counsel for the appellant undertakes to produce
the appellant Nos.2 to 8 on the next date of hearing.
Learned counsel for the appellant is directed to keep
present the appellant Nos.2 to 8 on 16/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.A.No.2657/11
13/08/2014
Shri Alok Jain, learned counsel for the appellant.
Shri Vivek Lakhera, P.L. for respondent-State.
Today the case is listed for orders on non-appearance of
appellant No.1 on 15/01/14.
Learned counsel for the appellant undertakes to produce
the appellant No.1 Nand Kishore on the next date of hearing.
Learned counsel for the appellant is directed to keep
present the appellant No.1 on 16/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.R.No.2028/11
13/08/2014
Shri Sandeep Patel, learned counsel for the applicant.
Shri Arvind Singh, P.L. for respondent-State.
Learned counsel for the applicant prays for and is granted
one weeks time to make good the default.

(Sushil Kumar Gupta)
JUDGE

Ak
Cr.A.No.1847/11
13/08/2014
Shri Ashutosh Dubey, learned counsel for the appellants.
Shri Arvind Singh, P.L. for respondent-State.
Today the case is listed for orders on non-appearance of
appellant No.2 on 26/06/14.
Learned counsel for the appellant undertakes to produce
the appellant No.2 Pillu @ Shahshikant on the next date of
hearing.
Learned counsel for the appellant is directed to keep
present the appellant No.2 on 17/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.A.No.2047/2012
13.08.2014
None for the appellant, even in second round.
Shri Vivek Lakhera, learned P.L. for the respondent/State.
The case is listed today for order on I.A. No.20115/2012
for bail of appellant.
In absence of counsel for the appellant, the case is
adjourned.
List the matter under the same head.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.R.No.2086/2012
13.08.2014
Shri R.B. Pandey, learned counsel for the applicants.
The case is listed today for order on default of PF not paid
as per Court order dated 02/07/2014.
Learned counsel for the applicant prays for and is granted
two weeks time to make the default good.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.R.No.2154/2012
13.08.2014
Shri Kamlesh Mishra, learned counsel for the applicant.
Shri Vivek Lakhera, learned P.L. for the respondent/State.
The case is listed today for consideration of I.A.
No.856/2014, an application for condonation of delay.
Case diary is available.
Learned counsel for the applicant prays for and is granted
one weeks time.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.A.No.2620/2012
13.08.2014
None for the appellant, even in second round.
Shri Vivek Lakhera, learned P.L. for the respondent/State.
The case is listed today for orders on non appearance of
appellant/accused on 30/07/2014.
Learned counsel for the appellant undertakes to produce
the appellant on the next date of hearing.
Prayer is allowed.
Learned counsel for the appellant is directed to keep
present the appellant on the next date of hearing on 16/09/2014
and also directed to file an appropriate application for
condonation of non appearance of the appellant on 30/07/2014.
List the matter on 16/09/2014.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.A.No.3097 /2013
13.08.2014
None for the appellant, even in second round.
Shri Vivek Lakhera, learned P.L. for the respondent/State.
The case is listed today for further orders on 31/07/2014.
This appeal has already been admitted for final hearing.
List the matter for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.R.No.129/2014
13.08.2014
None for the applicant, even in second round.
Shri Vivek Lakhera, learned P.L. for the respondent/State.
The case is listed today for order on I.A. No.1393/2014 an
application for stay.
Case diary is available.
In absence of counsel for the applicant, the case is
adjourned.
List the matter under the same head.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.R.No.394/2014
13 .08.2014
None for the applicant, even in second round.
The case is listed today for order on I.A. No.4086/2014 for
grant of stay.
In absence of counsel for the parties case is adjourned.

(Sushil Kumar Gupta)
JUDGE

Ajay
Cr.R.No.540/14
13.08.2014
None for the applicant, even in the second round.
Shri L.C. Chourasiya, learned counsel for the respondents.
The case is listed today for default of PF not paid by
ordinary mode.
Respondents have already been served and they are
representing by the learned counsel Shri Chourasiya.
In such circumstances, it appears that the respondents have
been served and no further order is required to remove the
default of PF.
Office is directed to not to list this matter again for this
purpose.

(Sushil Kumar Gupta)
JUDGE
Ajay
Cr.A.No.3187/13
13.08.2014
Ku. Anita Kathwas, learned counsel for the
appellant/complainant.
Shri Arvind Singh, learned P.L. for the respondent No.1-
State.
The case is listed today for admission.
It would be proper to issue notice to respondent Nos.3 to 7
on the question of admission.
Let notice be issued to the respondent Nos.3 to 7 on
payment of PF within one week by registered post as well as by
ordinary mode. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
Ajay
MCRC No9016/2013
13.08.2014
Shri Pushpendra Dubey, learned counsel for the appellant.
The case is listed today for admission and I.A.
No.15899/2013 and I.A. No.20504/2013.
Learned counsel for the appellant seeks permission to
withdraw this petition with liberty to raise all the defence before
the trial Court.
Prayer is accepted.
In such premises this petition is dismissed as withdrawn
with liberty to revive all the defence before the trial Court.

(Sushil Kumar Gupta)
JUDGE

Ajay
Criminal Revision No.1717/13
12.08.2014
Shri B.M. Prasad, learned counsel for the applicants.
Shri B.P. Pandey, Government Advocate for the
respondent No.1.
Shri S.B. Shrivastava, learned counsel for the respondent
No.2.
The case is listed today for order on vacating the stay on
I.A. No.9111/2014.
Parties are heard on aforesaid I.A.
By this application learned counsel for the respondent
No.2 prays for vacating the stay granted in favour of the
applicants, vide Court order dated 09/10/2013.
On the other hand, learned counsel for the applicants
opposes the prayer of the learned counsel for the respondent
No.2.
Learned counsel for the respondent No.2 submits that the
respondent No.2/complainant filed a complaint against the
applicants and that was registered for the offence under Section
306 of the IPC and in Sessions Trial No.105/2013, vide order
dated 19/06/2013, the trial Court has framed the charges under
Section 306/34 of the IPC against the present applicants. He
further argue that thereafter present applicants filed a petition
under Section 482 of the Cr.P.C. for the quashment of the
complaint which was finally adjudicated by this Court vide order
dated 21/10/2012 with the finding that it is clear cut case under
Section 306 of the IPC and the Court has also directed to trial
Court to frame additional charge under Section 323 of the IPC
against the present applicants. However, applicants approached
this Court and mislead the fact and suppress the order dated
21/02/2012 and took the stay in S.T. No105/2013.
On the other hand, learned counsel for the applicants
submitted that the applicants preferred a petition under Section
482 of the Cr.P.C. for quashment of proceedings of the criminal
complaint case no.1037/2011 on the ground that before filing the
complaint or registration of the complaint against the applicants
sanction of prosecution under Section 197 of the Cr.P.C. was not
obtained.
Having heard learned counsel for the parties as well as
after perusal of this Court order dated 21/02/2012 passed in
MCRC No.10880/2011 under Section 482 of the Cr.P.C. without
expressing any opinion on the merit of the case, it is clear that
the applicants had filed a petition under Section 482 of the
Cr.P.C. to quash the proceedings of criminal complaint case
No.1037/2011 and also challenge the order dated 09/07/2011
passed by JMFC, Gadarwara by which the complaint was
registered for offence punishable under Section 306 R/w Section
34 of the IPC.
After perusal of the aforesaid order dated 21/02/2012
passed in M.Cr.C. No.10880/2011 it is also clear that the matter
for registration of complaint under Section 306 of the IPC was
elaborately discussed and the Court finds prima facie evidence
for registration of complaint under Section 306 of the IPC.
In view of the above discussion, it is clear that the
applicants mislead the facts and suppressed the order dated
21/02/2012 and obtained stay in S.T. No.105/2013 vide order
dated 09/10/2013, which cannot be permitted to remain in
existance.
In such premises I.A. No.9111/2014 is hereby allowed and
the stay granted in favour of the applicants vide order dated
09/10/2013 is hereby vacated.
Let the matter be listed for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE

Ajay
M.Cr.C.No.11901/10
12.08.2014
Smt. Alka Singh, counsel for the applicant.
The case is listed today for admission and on IA.Nos.
19423/10 & 6701/13.
It would be proper to issue notice to respondent before
considering question of admission as well as aforesaid
applications.
Let notice of petition and aforesaid applications be issued
to the respondent on payment of PF within one week by
registered post as well as by ordinary mode. Notice be made
returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.11914/10
12.08.2014
Shri Manoj Soni, learned counsel for the applicant.
Notices issued to the respondent has not been received
back either served or unserved.
List after service of notice.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.11920/10
12.08.2014
Shri Manoj Soni, learned counsel for the applicant.
Notices issued to the respondent has not been received
back either served or unserved.
List after service of notice.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.11942/10
12.08.2014
ShriDevdatt Bhave, counsel for the applicant.
Shri Saurabh Tiwari, counsel for the respondent No.1.
The case is listed today for admission and for
consideration of IA.No.19507/10 an application for condonation
of delay.
Parties are heard.
So far as IA.No.19507/10 is concerned, there is delay of
60 days in filing this petition.
Although learned counsel for the respondent vehemently
opposed the aforesaid application, but the delay caused in filing
this petition has sufficiently been explained in the application for
condonation of delay, which is supported by the affidavit of
counsel Shri Pranay Verma.
In such premises aforesaid I.A. is hereby allowed and
delay in filing the petition is hereby condoned.
Also heard on the question of admision.
Admit.
List for final hearing after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.12523/10
12.08.2014
None for the parties.
In absence of counsel for parties case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.13309/10
12.08.2014
Shri SM. Shukla, learned counsel for the applicant.
Shri Arvind Singh, P.L. for the respondent-State.
Learned counsel for the applicant seeks permission to
withdraw this petition.
Prayer is allowed.
Accordingly, the M.Cr.C. stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.13433/10
12.08.2014
Shri Shashak Upadhyay, counsel for the applicant.
Shri Arvind Singh, P. L. for the respondent-State.
Case is listed today for admission.
This petition is pending since 2010.
Learned counsel for the applicant submitted that he is not
aware about the latest status of the proceedings pending before
the trial Court and prays for time to ascertain the same.
Prayer is allowed.
Counsel for the applicant is directed to submit copy of last
order-sheet of the matter pending before the trial Court. He is
also directed to file copy of charge-sheet.
Panel Lawyer is directed to call for the case diary.
List the matter in the week commencing 15/09/14.

(Sushil Kumar Gupta)
JUDGE
as
12.08.2014
None for the applicant.
Shri Arvind Singh, P.L. for the respondent-State.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.4446/10
12.08.2014
Shri Wakeel Khan, counsel for the applicant.
Shri RP. Tiwari, G. A. for the respondent-State.
The case is listed today for admission.
Case diary is not available.
Learned G.A. is directed to call for the case diary.
As directed vide order dated 10/05/10 record be called for.
Interim relief to continue till next date of hearing.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.3468/10
12.08.2014
Shri Sandeep Singh, counsel for the applicant.
The case is listed today for admission and on
IA.No.5693/10 an application for stay.
It would be proper to issue notice to respondents before
considering question of admission as well as IA.No.5693/10.
Let notice of petition and aforesaid I.A. be issued to the
respondents on payment of PF within one week by registered
post as well as by ordinary mode. Notice be made returnable
within six weeks.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.4911/10
12.08.2014
Shri Vinod Mishra, counsel for the applicant.
The case is listed today for admission and on
IA.No.7950/10.
It would be proper to issue notice to respondents before
considering question of admission as well as IA.No.7950/10.
Let notice of petition and aforesaid I.A. be issued to the
respondents on payment of PF within one week by registered
post as well as by ordinary mode. Notice be made returnable
within six weeks.

(Sushil Kumar Gupta)
JUDGE

as
Cr.A.No.2850/98
12.08.2014
None for the appellants even in second round.
Shri Vivek Lakhera, P. L. for the respondent-State.
The case is listed today for orders on non-appearance of
appellant No.3 Sunder Bai on 11/07/14.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant No.3 to secure her presence before this
Court on 16/09/14.
List on 16/09/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.427/99
12.08.2014
None for the applicant even in second round.
Shri Vivek Lakhera, P.L. for the respondent-State.
The case is listed today for orders on PUD regarding
death of accused appellant.
A report has been received from Session Judge, Sehor to
the effect that the appellant Lohajiya Barela S/o Runja Barela
aged 51 years resident of Bheelkheda, Police Station
Bilkisanganj, Distt. Sehor has died on 08/05/13. The report is
supported by the death certificate of Lohajiya Barela.
In such premises when the sole appellant Lohajiya Barela
has died, this appeal stands abated.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1262/01
12.08.2014
None for the applicants even in second round.
In absence of counsel for applicants case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
Cr.A.No.1279/02
12.08.2014
Shri Arun Nema, counsel for the appellant.
Shri Vivek Lakhera, P. L. for the respondent-State.
Learned counsel for the applicant apprise the Court that
this criminal appeal arises out of conviction and sentence passed
under Section 420 read with Section 120-B of IPC, under Section
468 read with Section 471 of IPC as well as under Section 13(1)
(d) read with Section 13(2) of Prevention of Corruption Act,
hence the same has tobe heard by Hon'ble Division Bench.
In such premises Office is directed to verify and list the
matter before appropriate Bench.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.585/03
12.08.2014
None for the appellant even in second round.
Shri Vivek Lakhera, P. L. for the respondent-State.
The case is listed today for orders on PUD regarding non-
appearance of appellant/accused before CJM, Jabalpur.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant to secure his presence before this Court on
17/09/14.
List on 17/09/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.691/04
12.08.2014
Shri Ankit Pandey, learned counsel for the applicant.
Counsel for the applicant prays for short adjournment.
List in the next week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.780/05
12.08.2014
None for the applicant even in second round.
The case is listed today for non-compliance of order dated
25/06/12 & 08/08/12.
Earlier also on default had not been removed. Today also
neither applicant nor his counsel appeared. It appears that the
applicant has lost his interest in prosecuting this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.1131/05
12.08.2014
None for the applicant even in second round.
Earlier also on 01/12/10 as well as on 19/05/11 nobody
appeared on behalf of applicant. Today also neither applicant nor
his counsel appeared. It appears that the applicant has lost his
interest in prosecuting this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.132/06
12.08.2014
None for the applicant even in second round.
The case is listed today for removing the default as pointed
out by the Office.
Earlier also vide order dated 19/09/06 counsel for the
applicant was directed to make necessary correction regarding
correct MJC number in the petition, but till now no correction
has been made. Today also neither applicant nor his counsel
appeared. It appears that the applicant has lost his interest in
prosecuting this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.182/07
12.08.2014
Shri Sanjeev Mishra, counsel for the applicant.
Shri Arvind singh, P. L. for the respondent-State.
The case is listed today for orders on IA.No.14999/14 an
application for conversion of revision into M.Cr.C.
Heard on the aforesaid I.A.
After due consideration, aforesaid I.A. is hereby allowed
and applicant is permitted to carryout necessary amendment in
the criminal revision within one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.193/2008
12.08.2014
None for the appellant even in second round.
Shri Arvind Singh, P. L. for the respondent-State.
The case is listed today for orders on non-appearance of
appellant/accused on 18/07/14.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant to secure his presence before this Court on
16/09/14.
List on 16/09/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1972/08
12.08.2014
None for the applicant even in second round.
Shri Vivek Lakhera, P. L. for the respondent-State.
The case is listed today for ordes on PUD received from
CJM, Panna regarding non-appearance of accused on 25/03/14.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the applicant to secure his presence before this Court on
17/09/14.
List on 17/09/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2159/13
11.08.2014
Ku. Tulsa Koshta, learned counsel for the applicant.
Shri Sandeep Koshta, learned counsel for the respondent.
The case is listed today for orders on IA.No.9555/14 an
application for early hearing.
Parties are heard on the aforesaid I.A.
This criminal revision has been filed in the year 2013.
Looking to the pendency of criminal revisions, I am not inclined
to allow the aforesaid I.A. because this criminal revision is not so
old and is pending since 2013.
Accordingly, aforesaid I.A. stands dismissed.

(Sushil Kumar Gupta)
JUDGE
SM
Cr.R.No.155/10
11/08/2014
Shri AD. Mishra, learned counsel for the applicant.
Shri Arvind Singh, P.L. for respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.407/10
11/08/2014
Shri Baldev Patel, learned counsel for the appellant.
Shri Arvind Singh, P.L. for respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.416/10
11.08.2014
Shri AD. Mishra, learned counsel for the applicant.
Shri Arvind Singh, P.L. for the resopndent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.455/10
11.08.2014
Shri Sandeep Patel, counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.506/10
11.08.2014
Shri A. Usmani, learned counsel for the applicant.
The case is listed today for admission and for orders on
IA.Nos.4719/10 & 4720/10.
It would be proper to issue notice to respondent before
considering question of admission as well as aforesaid
applications.
Let notice of petition and aforesaid applications be issued
to the respondent on payment of PF within one week by
registered post as well as by ordinary mode. Notice be made
returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.508/10
11.08.2014
None for the applicants.
Shri Arvind Singh, P.L. for the respondent-State.
Earlier also on 26/04/10 nobody appeared on behalf of
applicants. Today also neither applicants nor their counsel
appeared. It appears that the applicants have lost their interest in
prosecuting this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.517/10
11.08.2014
None for the applicant.
Shri Arvind Singh, P.L. for the respondent-State.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.528/10
11.08.2014
Shri Sanjay Sarwate, counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.
(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.519/10
11.08.2014
None for the applicant.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.529/10
11.08.2014
Shri Varun Singh, learned counsel for the applicant.
Shri RP. Tiwari, P.L. for respondent No.3-State.
The case is listed today for admission and for orders on
IA.No.4965/10 an application for condonation of delay.
It would be proper to issue notice to respondent before
considering question of admission as well as IA.No.4965/10.
Let notice of petition and IA.No.4965/10 be issued to the
respondent on payment of PF within one week by registered post
as well as by ordinary mode. Notice be made returnable within
six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.535/10
11.08.2014
None for the applicant
Earlier also on 01/08/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.548/10
11.08.2014
None for the applicant.
Shri Arvind Singh, P. L. for the respondent-State.
Case is listed today for orders on IA.No.5114/10 an
application for exemption from filing certified copy and
IA.No.5111/10 an application under Section 397 of Cr.P.C.
From perusal of order dated 16/04/10 it is evident that the
aforesaid applications have already been allowed and the case is
wrongly listed for this purpose.
Office is directed not to list the case again for this purpose.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.560/10
11.08.2014
None for the applicant
Earlier also on 01/08/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the criminal revision is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.572/10
11.08.2014
Shri OP. Mishra, learned counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.593/10
11.08.2014
Shri Satish Shrivastava, learend counsel for the applicants.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.624/10
11.08.2014
None for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondents before
considering question of admission.
Let notice be issued to the respondents on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.635/10
11.08.2014
None for the applicant.
Shri RP. Tiwari, G. A. for the respondent-State.
The case is listed today for admission.
Record of the lower Court has also been received.
Applicant has been convicted under Section 323 of IPC
with fine of Rs.1,000/- and under Section 325 of IPC with
imprisonment of six months R.I. and fine of Rs.1,000/-.
After perusing the impugned judgment as well as record of
the Court below, in the available facts and circumstances, this
Criminal revision appears tobe arguable.
Accordingly, the same is admitted for final hearing.
List in due course for final hearing.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2590/11
11.08.2014
Shri Rahul Sharma, learned counsel for the appellant.
Shri Vivek Lakhera, P.L. for the respondent-State.
Today the case is listed for orders on report regarding
death of accused appellant Shiv Prakash Dubey received from
SHO, Kurai, Distt. Seoni.
A report has been received from SP, Seoni in execution of
bailable warrant issued by this Court alongwith report of Police
Station, Kurai, Distt. Seoni which reveals that the warrantee Shiv
Prakash Dubey S/o Dashrath Prasad Dubey, aged 54 years, R/o
Sharda Nagar Colony, Gudhar, Police Station Churhat, Distt.
Rewa has died on 27/05/13 in a vehicle accident. This report is
supported by the death certificate of Shiv Prakash Dubey.
In view of the above, I am satisfied that the appellant Shiv
Prakash Dubey has died, hence this appeal stands abated.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2168/11
11.08.2014
Shri Brijendra Kushwaha, learned counsel for the
applicant.
Shri PN. Mishra, learned counsel for the respondent.
The case is listed today for orders on IA.No.4981/14 an
application for withdrawal of amount deposited by the accused.
Learned counsel for the applicant submits that the
applicant has taken away the brief from his Office and he has
given the NOC and now he is not appearing on behalf of
applicant.
In such premises when neither applicant nor his counsel is
present, let bailable warrant for a sum of Rs.5,000/- be issued
against the applicant to secure his presence before this Court on
10/09/14.
List the matter on 10/09/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.175/2012
11.08.2014
Shri DK. Pandey, learned counsel for the applicant.
Shri Vivek Lakhera, P. L. for the respondent-State.
The case is listed today for consideration of
IA.No.11094/13 an application for bringing legal representatives
of deceased applicant on record.
Learned panel lawyer informed that he has not received
the copy of aforesaid I.A.
Learned counsel for the applicant is directed to supply
copy of aforesaid I.A. as well as IA.No.11096/13 alongwith
death certificate of applicant Ramnaresh Dubey during course of
the day to the counsel for the State. Panel Lawyer is directed to
verify the factum of death of applicant Ramnaresh Dubey from
the concerned Police Station and submit the report. He is also
directed to file reply of aforesaid I.A.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.553/12
11.08.2014
Shri S. Tamrakar, learned counsel for the appellant.
Shri Vivek Lakhera, P. L. for the respondent-State.
The case is listed today for orders on IA.No.13522/14 an
application on behalf of appellant Sone @ Prem Bahadur for
exemption from personal appearance before this Court.
Parties are heard on the aforesaid I.A.
The appellant has filed this application on the ground that
he is a poor person and he cannot arrange money to appear
before the Registry of this Court on each and every date.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, appellant is directed to appear before
the trial Court, Sagar firstly on 15/10/14 and on such other
subsequent dates as are fixed by such Court in this regard till
disposal of this appeal. Trial Court, Sagar be intimated in this
regard within one month. Appellant is also directed to file
certified copy of this order before such Court within 30 days.
Trial Court, Sagar is further directed to submit the report for non-
appearance of the appellant to this Court.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1053/12
11/08/2014
Shri Prabhakar Singh, learned counsel for the appellants.
Shri Vivek Lakhera, P.L. for respondent-State.
Today the case is listed for orders on non-appearance of
appellant No.1 on 16/07/14.
Learned counsel for the appellants undertakes to produce
the appellant No.1 Rinku Singh on the next date of hearing
positively.
Prayer is allowed.
List the matter on 10/09/14 for appearance of applicant
No.1.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.2199/12
11.08.2014
Shri LP. Yadav, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.10/2013
11.08.2014
Shri Jagdish Singrol, learned counsel for the applicant.
Shri Vivek Lakhera, P.L. for respondent No.1/State.
Notices issued to the respondent Nos. 2 & 3 has not been
received back either served or unserved.
List after two weeks awaiting service of notice.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.493/2013
11.08.2014
Shri MK. Tripathi, learned counsel for the applicant.
Shri Vivek Lakhera, P. L. for the respondent-State.
The case is listed today for orders on IA.No.5526/14 an
application on behalf of applicant Bhagwan for exemption from
personal appearance before this Court.
Parties are heard on the aforesaid I.A.
The applicant has filed this application on the ground that
he is a poor person and he cannot arrange money to appear
before the Registry of this Court on each and every date.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, applicant Bhagwan is directed to
appear before the Chief Judicial Magistrate, Burhanpur firstly on
15/10/14 and on such other subsequent dates as are fixed by such
Court in this regard till disposal of this revision. Chief Judicial
Magistrate, Burhanpur be intimated in this regard within one
month. Applicant is also directed to file certified copy of this
order before such Court within 30 days. Chief Judicial
Magistrate, Burhanpur is further directed to submit the report for
non-appearance of the applicant to this Court.

(Sushil Kumar Gupta)
JUDGE
as
Date:11/08/2014

Kindly supply the following items for the Court use
of Hon'ble Sushil Kumar Gupta, J:-
1. Order-sheet 1000
2. Short hand note book 5
3. Pencil 5
4. While Envelop 25

Anurag Soni

Personal Assistant

In-charge (Stationary)
Cr.A. No.2228/09
08.08.2014
Shri AP. Singh, learned counsel for the appellant.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for consideration of IA.No.8575/14 an
application for early hearing.
Heard on the aforesaid I.A.
Learned counsel for the appellant submitted that the appellant
has been convicted under Section 376(1) of IPC and sentenced for
seven years R.I. with fine of Rs.1,000/- and he is in jail since last five
years and he has good ground to succeed in the case. He further
submitted that out of the awarded jail sentence which is seven years
the appellant has suffered almost five years. In such premises it is
prayed that the matter may be fixed for final hearing at some early
date.
Learned G.A. opposes the aforesaid I.A. and submits that the
same may be dismissed.
Appellant has been convicted and sentenced by the judgment
dated 26/10/09. He also remained in custody during pendency of
trial since 30/01/07 to 15/10/07. In view of above it appears that the
appellant has suffered more than five years of jail sentence. In such
premises aforesaid I.A. is hereby allowed.
Let the case be listed for final hearing in the week
commencing 13/10/2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.730/2010
08.08.2014
Shri Rakesh Sharma, learned counsel for the appellant.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for orders on IA.No.8312/14 an
application for early hearing.
This application has been filed by the appellant on the
ground that the appellant is continuously in jail since four and
half year, out of eight years of his conviction and his repeat
application for suspension of sentence has been dismissed.
Appellant is single earning member of his family and there is no
one to look after his family.
Learned G.A. opposes the aforesaid I.A. and submits that
the same may be dismissed.
From perusal of order dated 04/03/14 it is evident that the
matter was directed to be listed for final hearing in the week
commencing 18/03/14 and thereafter the case was listed on
17/03/14 for final hearing after ensuing summer vacation.
In view of above it is clear that the Court has already fixed
the matter for final hearing. In such premises this application is
hereby allowed.
Let the case be listed for final hearing in the week
commencing 13/10/2014.
(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.6418/14
08.08.2014
Shri Praveen Kumar Chaturvedi, learned counsel for the
applicant.
The case is listed today for admission.
Office is directed to list the matter before appropriate
Bench.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.5983/14
08.08.2014
Shri SK. Dubey, learned counsel for the applicants.
The case is listed today for admission and for
consideration of IA.No.8043/14 an application for stay.
Heard on the question of admission as well as on
IA.No.8043/14.
Respondent is not served till now. This petition has been
filed against the order dated 21/03/14 passed by X ASJ, Jabalpur
in Cr.R.No.249/13 and the respondent is affected party.
Learned counsel for the applicants reiterated for granting
the stay on the ground that the impugned order was interlocutory
order against which revision cannot lie.
Without commenting on the arguments advanced by the
applicants, I am not inclined to grant stay without hearing the
opposite party. In such premises let notice be issued to the
respondent on payment of PF within one week by registered post
as well as by ordinary mode. Notice be made returnable within
four weeks.
List thereafter.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.597/14
08.08.2014
Shri AD. Mishra, learned counsel for the applicant.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for admission and orders on
IA.No.6144/14 an application for stay.
Heard on the question of admission as well as on the
aforesaid I.A.
After perusal of charge-sheet this criminal revision is admitted
for final hearing.
So far as IA.No.6144/14 is concerned, learned counsel for the
applicant taking me through the MLC report of Krishnapal Singh,
Rajjan & Bali Singh submitted that none of them sustained grievous
injuries or any injury which is dangerous to life and from perusal of
MLC of all aforesaid injured it is evident that they sustained simple
injury. Even in MLC report the Doctor did not find any fracture to
Rajjan & Bali and even the Krishnapal Singh sustained fracture in left
elbow and his teeth was also found broken, which hardly constitute
offence under Section 325 of IPC only.
Learned G.A. vehemently opposed the application for stay
and submits that the same may be dismissed.
Keeping in view the arguments advanced by the learned
counsel for the parties and looking to the MLC report, without
commenting on the merits of the case proceedings pending before
ASJ, Pawai, Distt. Pnna in ST.No.15/14 is hereby stayed till next
date of hearing.
List the case for final hearing in the month of October, 2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.647/2014
07.08.2014
Shri RP. Agrawal, learned senior counsel assisted by Shri
Vaibhav Jain, learned counsel for the applicants.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for orders on IA.No.6686/14 an
application for condonation of delay and also on IA.No.6687/14
an application for stay.
Case diary is available.
Parties are heard on the aforesaid applications.
So far as IA.No.6686/14 is concerned, there is delay of 64
days in filing the revision. The reasons stated in the application
for causing the delay has sufficiently been explained, which is
supported by the affidavit of applicant No.1 Ashok Kumar
Mishra. Accordingly, IA.No.6686/14 is allowed and delay in
filing the revision is hereby condoned.
So far as IA.No.6687/14 is concerned, learned senior
counsel appearing on behalf of applicants argued at length and
submits that the impugned proceedings have been initiated
against the applicants under the Indian Penal Code, while in fact
the entire incident is governed by the Factories Act, 1948.
Learned counsel placed reliance on a decision in the matter of
Jeewan Kumar Raut & Another Vs. Central Bureau Of
Investigation, (2009) 7 SCC 526 and also submitted various
provisions of Factories Act, 1948 as well as provisions of Indian
Penal Code.
Learned counsel for the applicant vehemently opposes the
aforesaid I.A. and submits that the same may be dismissed.
Having heard the learned counsel for the parties and after
due consideration, without commenting on merits of the case
IA.No.6687/14 is hereby allowed and further proceedings
pending before the Additional Sessions Judge, Shahdol in
ST.No.197/12 (State of M.P. Vs. Surendra Kumar & Ors.) is
hereby stayed till final disposal of this revision.
Also heard on the question of admission.
Admit.
List for final hearing in due course.
Certified copy as per rules.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.6602/09
08.08.2014
Shri AK. Tiwari, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
Learned counsel for the applicant seeks permission to
withdraw this petition.
Prayer is allowed.
Accordingly, the M.Cr.C. stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.8164/09
08.08.2014
Shri DK. Tiwari, learned counsel for the applicants.
The case is listed today for admission.
It would be proper to issue notice to respondents before
considering question of admission.
Let notice be issued to the respondents on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.512/14
08.08.2014
Shri Lokesh Jain, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent No.1-State.
The case is listed today for admission and also on
IA.No.5273/14.
Let notice be issued to the respondent No.2 on payment of
PF within one week by registered post as well as by ordinary
mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.626/14
08.08.2014
Shri Anurag Shivhare, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.684/14
08.08.2014
Shri Sudeep Patel, learned counsel for the applicant.
Shri B.P. Pandey, G. A. for the respondent-State.
Case diary is not available.
Learned Government Advocate is directed to call for the
case diary and keep the same present on the next date of hearing.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1115/14
08.08.2014
Shri Anurag Shivhare, learned counsel for the applicants.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for admission and for orders on
IA.No.11285/14 an application for stay and also on IA.No.
12017/14 an application for deleting the name of applicant No.1
Rajesh.
Heard on IA.No.12017/14.
Learned counsel for the applicants submits that the
applicant No.1 Rajesh does not want to prosecute the criminal
revision, therefore, his name be deleted from the array of cause
title.
In view of above, the application is hereby allowed and
learned counsel for the applicant is permitted to delete the name
of applicant No.1 Rajesh from the array of cause title and also
renumbered the remaining applicants within a period of one
week.
List thereafter.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1221/14
08/08/2014
Shri Anurag Budholia, learned counsel for the appellant.
Shri BP. Pandey, G.A. for respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1248/14
08/08/2014
Shri Ravendra Shukla, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1502/14
08.08.2014
Shri NK. Agrawal, learned counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondents before
considering the question of admission.
Let notice be issued to the respondents on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.
In the meantime Office is directed to call for the record of
Courts below.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.3138/14
08.08.2014
Shri Deepak Pendharkar, learned counsel for the applicant.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for admission and consideration of
IA.no.4268/14 an application for stay.
Learned counsel for the applicant submits that he is not
aware about the latest position whether charge-sheet against the
applicant has been filed or not, therefore, he prays for one week
time to verify this fact.
Prayer is allowed.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.3923/14
08.08.2014
Shri RB. SIngh, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for respondent No.5/State.
The case is listed today for admission.
It would be proper to issue notice to respondent Nos. 1 to 4
before considering the question of admission.
Let notice be issued to the respondent Nos. 1 to 4 on
payment of PF within one week by registered post as well as by
ordinary mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C. No.5785/14
08.08.2014
Shri Sanjay Agrawal, learned counsel for the applicant.
The case is listed today for orders on IA.No.7834/14 an
application for condonation of delay.
It would be proper to issue notice to respondent before
considering the IA.No.7834/14.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.6221/14
08.08.2014
Shri AK. Tiwari, learned counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering the question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.6409/14
08.08.2014
Shri Lokesh Jain, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.6494/14
08.08.2014
Shri SK. Dwivedi, learned counsel for the applicant.
Shri B.P. Pandey, G. A. for the respondent-State.
Case diary is not available.
Government Advocate is directed to call for the case diary
and keep the same present on the next date of hearing.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.6570/14
08.08.2014
Shri Dhananjay Lakhera, counsel for the applicant.
Learned counsel for the applicant submits that the petition
has become infructous, therefore, he seeks permission to
withdraw this petition.
Prayer is allowed.
Accordingly, the M.Cr.C. stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.1240/02
08.08.2014
None for the applicant even in second round.
Shri SK. Dixit, learned counsel for the respondent.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
Cr.A.No.1403/03
08.08.2014
None for the applicant even in second round.
Shri B.P. Pandey, G. A. for the respondent-State.
Case is listed today for non-appearance of
appellant/accused on 21/02/14.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant to secure his presence before this Court on
16/09/14.
List on 16/09/14.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.11997/10
07.08.2014
None for the applicant, even in second round.
Shri B.P. Pandey, G.A. for respondent No.8-State.
Earlier also on 25/03/13 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this petition.
In such premises the petition is hereby dismissed for want
of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.N.12173/10
07.08.2014
None for the applicant even in second round.
Shri SK. Dixit, learned counsel for the respondent.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

as
M.Cr.C.No.12235/10
07.08.2014
Shri Amit Verma, learned counsel for the applicant.
Shri Ghanshyam Pandey, learned counsel for the
respondent.
The case is listed today for admission and consideration of
IA.Nos.20027/10 & 20422/10.
Learned counsel for the respondent submits that the copy
of aforesaid applications have not been supplied to him.
Learned counsel for the applicant is directed to supply
copy of aforesaid applications to the counsel for respondent
within three days.
Learned counsel for the respondent also submits that he
has not received the copy of documents also.
Learned counsel for the applicant submits that he has
already submitted the copy of documents before the Registry.
In case the documents are availble on record, they may be
supplied by the Office to the counsel for the respondent.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.12689/10
07.08.2014
None for the applicant, even in second round.
The matter is pending since 2010. Today neither applicant
nor his counsel appeared. It appears that the applicant has lost his
interest in prosecuting this petition.
In such premises the petition is hereby dismissed for want
of prosecution.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.12842/10
07.08.2014
Shri Aseem Dixit, learned counsel for the applicant.
None for respondent even in second round.
Heard on IA.No.21133/10 which is an application for
condonation of delay.
This application has been filed on the ground that after
dismissal of appellant's complaint on 11/08/09 he preferred
restoration application before CJM, Sagar on 12/08/09, which was
also dismissed vide order dated 26/07/10. Thereafter applicant
preferred criminal revision before 3 rd Additional Session Judge,
Sagar, which was also dismissed vide order dated 23/11/10 and
immediately after dismissal of the same applicant applied for certified
copy of the same and as soon as he received the certified copy, he
approached to his counsel to file this petition.
Learned counsel for the applicant submitted that for want of
knowledge the applicant's counsel has filed the revision petition
before the 3rd ADJ, Sagar and there is no fault on the part of
appellant in filing the petition before this Court with the delay.
The delay in filing the petition is 424 days. Although there is
huge delay in filing the petition, but after going through the record
and the reasons stated in the application which is supported by the
affidavit of applicant, the applicant should not be denied to contest
the case on merits.
Accordingly, the aforesaid I.A. is hereby allowed and delay in
filing the petition is condoned.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.13056/10
07.08.2014
Shri Wakil Khan, learned counsel for the applicant.
Shri B.P. Pandey, G. A. for the respondent-State.
The case is listed today for admission.
This petition has been filed by the petitioner against the
impugned order dated 11/03/10 passed by JMFC, Lakhnadon in
Criminal Case No.2004/07 whereby trial Court has partly
allowed the application and permitted to compromise for the
offences under Section 148, 294 & 506-B of IPC, but rejected
the application so far as it relates to offence punishable under
Section 326/149 of IPC saying not compoundable.
Section 326 read with Section 149 of IPC is not
compoundable under Section 320 of Cr.P.C. and in such legal
position the trial Court has rightly rejected the compromise for
the offence punishable under Section 326 read with Section 149
of IPC. In such premises this Court is of the view that no
illegality has been committed by the learned trial Court in
passing the impugned order.
Hence, M.Cr.C. stands dismissed.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.12919/10
07.08.2014
Shri D.Chandra Malik, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.833/14
07.08.2014
Shri Anurag Sahu, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
The case is listed today for consideration of
IA.No.9462/14 an application for amendment.
Parties are heard on the aforesaid I.A.
The proposed amendment appears tobe formal in nature.
After due consideration the aforesaid I.A. is hereby allowed.
Applicant is permitted to carryout the necessary amendment in
the memo of petition within three days.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.897/14
07.08.2014
Shri SK. Soni, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
The case is listed today for compliance of order dated
17/06/14.
Learned counsel for the applicant apprise that he has
already complied with the order dated 17/06/14 on 11/07/14.
Office to verify and list the case in the next week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.970/14
07.08.2014
Shri Rakesh Sagar, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
The case is listed today for orders on IA.no.9945/14 an
application for stay.
Learned counsel for the State prays for two weeks time to
file reply of aforesaid I.A.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1001/14
07.08.2014
Shri A. Usmani, learned counsel for the applicant.
Shri Y. Dwivedi, P.L. for respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to file relevant copy of order-sheets.
List after two week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1006/14
07.08.2014
Shri TK. Vishwakarma, learned counsel for the applicant.
Shri Y. Dwivedi, P.L. for respondent-State.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1008/14
07.08.2014
Shri Dilip Shrivastava, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
Heard on IA.No.10253/14 an application for condonation
of delay in filing the revision.
There is delay of 27 days in filing the petition. Looking to
the averments made in the application same is hereby allowed
and delay in filing the revision is hereby condoned.
Learned Panel Lawyer is directed to call for the case diary.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1125/14
07.08.2014
Shri Anurag Shivhare, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, for the respondent No.2-State.
The case is listed today for orders on IA.No.11363/14 an
application for condonation of delay.
It would be proper to issue notice to respondent No.1
before considering the IA.No.11363/14.
Let notice of petition and application be issued to the
respondent No. 1 on payment of PF within one week by
registered post as well as by ordinary mode. Notice be made
returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1127/14
07.08.2014
Shri Manoj Kumar Mishra, learned counsel for the
applicant.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant prays for and is granted
one weeks' time to cure the default.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1183/14
07.08.2014
Ms. Manisha Shrivastava, learned counsel for the
applicant.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant submits that she has
already cured the default on 01/07/14.
Office to verify and proceed further.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1253/14
07.08.2014
Shri Avdhesh Mishra, learned counsel for the applicant.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant submits that he has
already cured the default on 23/07/14.
Office to verify and proceed further.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1261/14
07.08.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
The case is listed today for orders on IA.No.12563/14 an
application for stay.
Case diary is not available.
Panel lawyer is directed to call for the case diary.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1324/14
07.08.2014
Shri JK. Dixit, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant prays for and is granted
one weeks' time to cure the default.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1368/14
07.08.2014
Shri RK. Pandey, learned counsel for the applicant.
Shri Yaduvendra Dwivedi, P.L. for the respondent-State.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant prays for and is granted
two weeks time to cure the default.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Date:07/08/14

Kindly replace the Cartridge (Laser Jet Pro 400) of
the printer installed in the PA/PS Chamber of Hon'ble Shri
Sushil Kumar Gupta, J. with new one, as the same is not
working properly.

(Anurag Soni)
P.A. to Hon'ble Sushil Kumar Gupta, J

Registrar (I.T.)
Cr.R.No.730/14
05.08.2014
Shri Ravi Mahendra Kumar Vyas, learned counsel for the
applicant.
Shri Akhilesh Shukla, G.A. for the respondent No.1-State.
Shri Aseem Dixit, learned counsel for respondent No.2.
The case is listed today for orders on IA.No.7605/14 an
application for stay.
Parties are heard on the aforesaid I.A.
This criminal revision has been filed by the applicant against
the order dated 18/03/14 passed by II Addl. Session Judge, Sagar in
ST.No.456/13 by which respondent No.2 was discharged from the
offence punishable under Section 326 of IPC.
On going through the impugned order dated 18/03/14 it
revealed that the trial Court has discharged the respondent No.2
from the offence punishable under Section 326 of IPC in compliance
of order dated 24/02/14 passed by this Court in Cr.R.No. 2463/13
because the charge under Section 326 of IPC has been set aside by
this Court.
In view of above without commenting on merits of the case, I
am not inclined to stay the proceedings pending before the trial
Court. Accordingly, aforesaid I.A. stands dismissed.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1722/13
05.08.2014
Shri Amit Verma, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent No.1-State.
Shri Manikant Sharma, learend counsel for respondent
No.2.
The case is listed today for orders on IA.No.3203/14 an
application for vacating the stay.
Parties are heard on the aforesaid I.A.
By this application learned counsel for the respondent
No.2/complainant submitted that the complainant was a supplier
of raw material to the 'Mahavir Oil Mills' owned by applicant
'Mahavir Sancheti' and at the very threshold the applicant has
approached to the complainant for facilitating the supply of raw
material to one 'Mavin Industries' and he has also assured for
recovery of due payments in time and also assured for not
deducting any damages as his father Shantilal Sancheti himself
joined as Director in the said company. He has further submitted
that as per the statement of the complainant every consignment
was subjected to clearance by the applicant and thereafter, it was
sent to Nagpur, for some time the payment was made in time and
thereafter the claim was deducted from the food-grain. A bare
perusal of the statement of the complainant it appears that the
petitioner Mahavir Sancheti has facilitated the supply of
foodgrain to 'Mavin Industries' and under the collusion with
Shantilal Sancheti deceived the complainant to make supply and
the places and not transferred into the account of the
complainant. He has further submitted that the bare perusal of
allegations levelled in the FIR and the statements the same are
well supported with the documentary evidence and the bank
statements and prima-facie the involvement of the applicant is
very much apparent on the face of the record, therefore, the order
dated 09/10/12 staying the proceedings of ST.No.280/13
deserves tobe vacated.
Learned counsel for the applicant vehemently opposes the
aforesaid I.A. and submits that there was no involvement of the
applicant in the said act and from the perusal of FIR it is clearly
established that dispute, if any, is of civil nature and it is clear
that this case is abuse of process of law.
After hearing the counsel for the parties, this Court is of
the opinion that the applicant is facing the trial in Session Trial
No.280/13 and after perusal of the order dated 09/10/13 it is clear
that the stay order has been passed after hearing the applicant as
well as the State and the proceedings of the ST.No.280/13
pending in the Court of 14th Additional District & Sessions
Judge, Bhopal was stayed. In view of above, aforesaid I.A. is
hereby dismissed.
Case be listed for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.70/2014
05.08.2014
Shri Abhijeet C. Thakur, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
Case is listed today for admission and consideration of
IA.No.753/14 an application for interim relief and also on
IA.No.1242/14 an application for amendment.
Learned Government Advocate requested to adjourn the
case on the ground that this case is related to the Economic
Offence Wing and appointment of standing counsel is still under
process. He also submits that he is not having the brief of the
case and even no case diary is available, hence he is not in a
position to argue the matter.
Learned counsel for the applicant vehemently oppose the
prayer made by learned G.A.
After hearing both the parties the case is adjourned with a
direction to the learned G.A. to inform the EOW that last and
final opportunity is given to appoint an Advocate for pursuing
the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.75/2014
05.08.2014
Shri Narendra Nikhare, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent-State.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.95/14
05.08.2014
None for the applicant even in second round.
Shri BP. Pandey, G.A. for the State.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.152/14
05.08.2014
None for the applicant even in second round.
Shri BP. Pandey, G.A. for the State.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.281/14
05.08.2014
Shri Kuldeep Singh, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent-State.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.470/14
05.08.2014
None for the applicant even in second round.
Shri BP. Pandey, G.A. for the State.
In absence of counsel for applicant case is adjourned.
(Sushil Kumar Gupta)
JUDGE

Cr.R.No.207/14
05.08.2014
Shri Anurag Shivhare, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent No.1-State.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.260/14
05/08/2014
Shri Vinod Tiwari, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent-State.
The applicant is also present in person. He is duly
identified by his counsel Shri Vinod Tiwari. His presence be
marked.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.264/14
05.08.2014
Shri Sudeep Patel, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent No.1-State.
The case is listed today for admission and orders on
IA.No.2882/14 an application for stay.
It would be proper to issue notice to respondent before
considering the question of admission and IA.No.2882/14.
Let notice of petition and application be issued to the
respondent Nos. 2 to 4 on payment of PF within one week by
registered post as well as by ordinary mode. Notice be made
returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.321/14
05/08/2014
Shri RS. Verma, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.328/14
05.08.2014
Shri RS. Patel, learned counsel for the applicant.
Shri BP. Pandey, G.A. for respondent No.1-State.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.345/14
05.08.2014
Shri Vinod Tiwari, learned counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering the question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.364/14
05.08.2014
Shri Deepak Pendharkar, counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
Learned counsel for the applicant seeks permission to
withdraw this criminal revision.
Prayer is allowed.
Accordingly, the revision stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.449/14
05.08.2014
Shri HS. Dubey with Mr. Mayank Goantiya, learned
counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for admission and orders on
IA.No.4636/14 an application for stay.
Case diary is not available.
On last date of hearing also case diary was called, but the
same is not available. As a last opportunity State is directed to
call for the case diary and keep the same present on the next date
of hearing positively.
Learned counsel for the applicant is also directed to file
copy of charge-sheet before next date of hearing.
List after one week.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1002/10
05.08.2014
None for the appellant, even in second round.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for non-appearance of
accused/appellant on 03/12/13.
Let bailable warrant in the sum of Rs.5,000/- be issued
against the appellant for his appearance before this Court on
08/09/14.
List on 08/09/14.

(Sushil Kumar Gupta)
JUDGE

Cr.A.No.2342/2011
05.08.2014
Shri Istiyak Hussain, learned counsel for the appellant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on appearance of
appellant/accused.
In compliance of order dated 18/06/14 warrant of arrest
has been issued against the appellant for his appearance before
this Court, but the same has not been received back either served
or unserved. The warrant has been sent through S.P. Rewa for
execution.
Let explanation in this regard be called for from S.P.
Rewa.
Fresh warrant of arrest be issued against the appellant for
his appearance before this Court on 15/09/14.
Case be listed on 15/09/14.
(Sushil Kumar Gupta)
JUDGE

as
Cr.R. No.845/13
05.08.2014
None for the applicant, even in second round.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for appearance of
accused/appellant.
Let bailable warrant in the sum of Rs.5,000/- be issued
against the appellant for his appearance before this Court on a
date tobe fixed by the Office.

(Sushil Kumar Gupta)
JUDGE

Cr.A.No.2988/1999
05.08.2014
Shri Vivek Agrawal, learned counsel for the appellant.
Shri B.P. Pandey, G.A. for the respondent-State.
Heard on IA.No.8071/14 an application for listing the
appeal before Lok Adalat.
Appellant has been convicted and sentenced for the
offence under Section 3/7 of Essential Commodities Act with
R.I. of three months and fine of Rs.500/-. The offence under
Section 3/7 of Essential Commodities Act is not compoundable.
In such premises the matter cannot be compounded as per law,
therefore, the application cannot be accepted. Accordingly, the
same is dismissed.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A. No.2826/2000
05.08.2014
None for the appellant, even in second round.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on non-appearance of
appellant on 08/05/13.
Let bailable warrant in the sum of Rs.5,000/- be issued
against the appellant for his appearance before this Court on
15/09/14.
Case be listed on 15/09/14.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.568/04
05.08.2014
Shri Arvind Singh, learned counsel for the applicant.
Notices issued to the respondent has not been received
back either served or unserved.
List after service of notice.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.555/07
05.08.2014
None for the applicant, even in second round.
Shri B.P. Pandey, G.A. for respondent No.8-State.
Earlier also on 16/05/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.
(Sushil Kumar Gupta)
JUDGE

Cr.R.No.1990/08
05.08.2014
Shri AK. Shukla, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on default of non-
appearance of accused Anil on 17/07/14.
Learned counsel for the applicant informed that due to
accident of applicant, he could not appear on 17/07/14 and he
prays for six weeks time to produce him before the Court.
Prayer is allowed.
Counsel for the applicant is directed to produce the
applicant Anil on 18/09/14.
Case be listed on 18/09/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1695/04
05.08.2014
Shri Salil Singh, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for consideration of
I.A.No.6297/13 an application under Section 320 of Cr.P.C. for
compromise.
Learned counsel for the applicant apprise the Court that
the aforesaid I.A. has already been decided vide order dated
06/05/14 and the case is wrongly listed today for this purpose.
After going through the order dated 06/05/14 it is clear
that the aforesaid I.A. has already been decided and the case is
wrongly listed for consideration of aforesaid I.A. Hence, Office
is directed not to list the case again for this purpose.
List for final hearing.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1884/09
05.08.2014
Shri A. Usmani, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for non-compliance of order dated
20/06/14.
Learned counsel for the applicant prays for and is granted
three weeks time to comply with the order dated 20/06/14.
List after three weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1104/10
05.08.2014
Shri Avtar Singh, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
As per Office note service report regarding service of
notice on non-applicant Ajab Rao is still awaited.
List the matter after service of notice.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1120/10
05.08.2014
Shri Pushpendra Dubey, learned counsel for the appellants.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on IA.No.8681/14 an
application on behalf of appellant No.1 Ganesh Ram for
exemption from personal appearance before this Court.
Parties are heard on the aforesaid I.A.
The appellant No.1 has filed this application on the ground
that he is a poor labourer and is resident of Distt. Betul and
because of poverty it is difficult for him to appear before the
Registry of this Court on each and every date.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, appellant No.1 Ganesh Ram is
directed to appear before the Chief Judicial Magistrate, Betul
firstly on 13/10/14 and on such other subsequent dates as are
fixed by such Court in this regard till disposal of this revision.
Chief Judicial Magistrate, Betul be intimated in this regard
within one month. Appellant No.1 is also directed to file certified
copy of this order before such Court within 30 days. Chief
Judicial Magistrate, Betul is further directed to submit the report
for non-appearance of the appellant No.1 to this Court.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.561/11
05.08.2014
Shri VK. Pandey, learned counsel for the appellants.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on non-appearance of
appellant No.3 Dubelal on 11/02/14.
Learned counsel for the appellants prays for short
adjournment to produce the appellant No.3 before this Court.
Prayer is allowed.
Counsel for the appellants is directed to produce the
appellant No.3 on 01/09/14.
List on 01/09/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1232/11
05.08.2014
Shri Mahesh Acharya, learned counsel for the applicants.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on non-appearance of
appellant No.2 Sharda Prasad on 25/04/14.
Learned counsel for the appellants informed that the
appellant No.2 has died on 23/01/14 and in support of his version
he shows the death certificate.
Learned counsel for the appellants is directed to file the
death certificate of appellant No.2 before the Registry and is also
directed to supply the copy of the same to the counsel for the
State-respondent. Government Advocate is directed to verify the
factum of death of appellant No.2 Sharda Prasad from the
concerned Police Station.
List on 20/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1734/11
05.08.2014
None for the appellant.
Shri Lokesh Jain, learned counsel for the respondents.
The case is listed today for orders on IA.No.9513/14 an
application filed by respondent No.4 for grant of exemption from
personal appearance before this Court.
Parties are heard on the aforesaid I.A.
The respondent No.4 has filed this application on the ground
that the respondent No.4 is a poor person and is not in a position to
appear on each and every date of appearance from a long distance
of District Burhanpur by incurring huge amount towards to and fro
journey expenses.
The reason stated in the aforesaid I.A. appears tobe bonafide.
Accordingly, application is hereby allowed and instead the Registry
of this Court, respondent No.4 Swaroop Chand is directed to appear
before the Chief Judicial Magistrate, Burhanpur firstly on 14/10/14
and on such other subsequent dates as are fixed by such Court in
this regard till disposal of this appeal. Chief Judicial Magistrate,
Burhanpur be intimated in this regard within one month. Respondent
No.4 is also directed to file certified copy of this order before such
Court within 30 days. Chief Judicial Magistrate, Burhanpur is further
directed to submit the report for non-appearance of the respondent
No.4 to this Court.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2111/08
04 .08.2014
None for the applicant even in second round.
Shri Akhilesh Shukla, G.A. for the State.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.2145/08
04 .08.2014
None for the applicant even in second round.
Shri Akhilesh Shukla, G.A. for the State.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.2279/08
04 .08.2014
Ms. Shweta Gupta, learned counsel for the applicant.
None for respondent No.1 even in second round.
Shri Akhilesh Shukla, G.A. for the respondent No.2-State.
Case is listed today for admission.
After perusal of record it appears that in-compliance of
order dated 05/01/11 applicant did not surrender before the
Court below.
Learned counsel for the applicant prays for and is granted
two weeks time to verify the fact.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.464/09
04 .08.2014
None for the parties even in second round.
Earlier also on 24/07/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.503/09
04 .08.2014
None for the parties even in second round.
Earlier also on 24/07/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.522/09
04 .08.2014
Shri Bhupendra Namdeo, learned counsel for the
applicant.
Shri BP. Pandey, G.A. for respondent No.1-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1418/09
04 .08.2014
None for the applicant even in second round.
The case is listed today for admission.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1655/09
04 .08.2014
Shri BP. Pandey, G.A. on behalf of Aditya Adhikari,
learned standing counsel for the applicant.
The case is listed today for removing the default.
Learned G.A. prays for and is granted two weeks time to
remove the default.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1665/09
04 .08.2014
Shri RK. Sahu, learned counsel for the applicant.
Shri BP. Pandey, G.A. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE

Cr.A.No.2519/1999
04/08/2014
Shri Rahul Sharma, learned counsel for the appellants.
None for the respondent-State.
Today the case is listed for appearance of appellants.
Learned counsel for the appellants undertakes to produce
the appellants on the next date of hearing positively.
Prayer is allowed.
List the matter on 25/08/14 for appearance of applicants.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.1612/07
04/08/2014
Shri Sanjeev Singh, learned counsel for the applicant.
None for the respondent.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1842/08
04 .08.2014
None for the applicants even in second round.
Shri Akhilesh Shukla, G.A. for the respondent-State.
The case is listed today for orders on non-appearance of
applicant No.2 Sundar on 09/07/14.
Let bailable warrant in the sum of Rs.5,000/- be issued
against the applicant No.2 Sundar for his appearance before this
Court on 15/09/14.
Case be listed on 15/09/14.

(Sushil Kumar Gupta)
JUDGE

Cr.A.No.419/09
04 .08.2014
None for the applicant even in second round.
Shri Akhilesh Shukla, G.A. for the respondent-State.
The case is listed today for orders on appearance of
accused/appellant No.2.
In compliance of order dated 16/06/14 bailable warrant of
Rs.10,000/- has been issued against the appellant No.2 for his
appearance before this Court, but the same has not been received
back either served or unserved. The bailable warrant has been
sent through S.P. Satna for execution.
Let explanation in this regard be called for from S.P.
Satna.
Fresh bailable warrant in the sum of Rs.2,000/- be issued
against the appellant No.2 for his appearance before this Court
on 15/09/14.
Case be listed on 15/09/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1504/09
04/08/2014
Ku. Gayatri Lariya, learned counsel for the applicant.
Shri Akhilesh Shukla,G.A. for the respondent-State.
Today the case is listed for appearance of
applicant/accused.
Learned counsel for the applicant/accused undertakes to
produce the applicant on the next date of hearing positively.
Prayer is allowed.
List the matter on 20/08/14 for appearance of applicant.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.1927/11
04 .08.2014
None for the applicant even in second round.
Shri Akhilesh Shukla, G.A. for the respondent-State.
The case is listed today for orders on appearance of
accused/applicant Sadique @ Chini.
In compliance of order dated 06/05/14 bailable warrant of
Rs.10,000/- has been issued against the applicant for his
appearance before this Court, but the same has not been received
back either served or unserved. The bailable warrant has been
sent through S.P. Khandwa for execution.
Let explanation in this regard be called for from S.P.
Khandwa.
Fresh bailable warrant in the sum of Rs.10,000/- be issued
against the applicant for his appearance before this Court on
21/08/14.
Case be listed on 21/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1421/12
04 .08.2014
None for th eapplicant even in second round.
Shri Akhilesh Shukla, G.A. for the respondent-State.
The case is listed today for orders on non-appearance of
applicant on 14/07/14.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the applicant to secure his presence before this Court on
21/08/14. The warrant be sent through S.P. Hosangabad to
ensure strict compliance of the order.
Case be listed on 21/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.962/2000
04 .08.2014
Shri Rahul Sharma, learned counsel for the applicant.
Shri Ashutosh Shukla, G.A. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.
(Sushil Kumar Gupta)
JUDGE

Cr.R.No.728/05
04 .08.2014
None for the applicant even in second round.
Shri Akshay Namdeo, learned counsel for the respondent.
In absence of counsel for applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1490/05
04 .08.2014
Shri AK. Dubey, learned counsel for the applicant.
Shri Ashutosh Shukla, G.A. for the respondent-State.
The case is listed today for orders on IA.no.13080/14 an
application for early hearing.
Parties are heard on the aforesaid I.A.
Earlier also vide order dated 16/07/12 one urgent hearing
application was dismissed on the ground that at present so many
appeals of the year 1996, 1997 & 1998 are pending for disposal
and the present appeal of the year 2005 cannot be heard on
priority.
In view of the aforesaid this application is also dismissed.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.281/06
04 .08.2014
Shri Sanjay Mishra, learned counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering the question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1528/06
04 .08.2014
Shri Harpreet Ruprah, learned counsel for the applicant.
Shri Ashutosh Shukla, G.A. for the respondent No.5-State.
The case is listed today for admission and for orders on
IA.No.10453/06 an application for amendment in cause title.
As per application due to typing error the name of
applicant has wrongly written in the cause title as 'Gorelal
Ahirwal' instead of 'Kanhaiyalal Ahirwar' and the Vakalatnama
is also bearing the signature of Kanhaiyalal Ahirwar.
The reasons stated in the application appears tobe
bonafide. Accordingly the application is hereby allowed and
applicant is permitted to carryout the necessary amendment in
the array of revision petition within a period of seven days.
List thereafter.

(Sushil Kumar Gupta)
JUDGE

Cr.A.No.1811/06
04 .08.2014
Shri Kunal Thakre, learned counsel for the applicant.
Shri Ashutosh Shukla, G.A. for the respondent-State.
The case is listed today for further orders.
Vide order daetd 14/07/14 State was directed to call for the
report about the factum of death of appellant No.3 Smt. Shanti
Devi, but that report is still awaited.
Government Advocate prays for and is granted two weeks
time to submit the report.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1601/07
04 .08.2014
None for the applicant even in second round.
Shri Ashutosh Shukla, G.A. for the respondent-State.
Earlier also on 28/07/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.
(Sushil Kumar Gupta)
JUDGE

Cr.A.No.760/08
04 .08.2014
Ms. Mamta Dubey, learned counsel for the applicant.
Mr. Ashutosh Shukla, G.A. for the respondent-State.
The case is listed today for consideration of
IA.No.8809/14 an application for permission to change the
counsel.
The application has been filed by Smt. Archana Tiwari,
advocate seeking permission to change counsel on behalf of
applicant No.1 Anil.
Learned counsel for the applicant filed the reply of this
application and vehemently opposes the application on the
ground that this case has been alloted to her through Legal Aid
Services, Jabalpur and she has filed the appeal after preparing the
matter.
Smt. Archana Tiwari who has filed the aforesaid I.A. is not
present today to support the application. Even the application is
not supported by the affidavit of appellant No.1 Anil.
In such premises the application is hereby dismissed.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1886/08
04 .08.2014
None for the applicant even in second round.
Shri B.P. Pandey, G.A. for the respondent-State.
In absence of counsel for the applicant, case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.
04 .08.2014
Shri Amit Jain, learned counsel for the appellants.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for curing the default as pointed
out by the Office.
Learned counsel for the appellants submitted that he has
already removed the default. He also submitted that on the last
date of hearing he has also pointed out that the default has
already been removed, but inspite of that the case is listed again
for removing the default.
In such premises Office is directed to verify and not to list
again for removing the default because the default has already
been removed.
Learned counsel for the appellants submitted that
IA.No.14120/14 an application under Section 381(1) of Cr.P.C.
for suspension of sentence and grant of bail is pending and
appellants were released on bail by the trial Court up to 07/08/14.
Parties are heard on the aforesaid I.A.
Learned counsel for the appellants submits that appellants
were convicted under Section 326/34 of I.P.C. and have been
sentenced to suffer RI for three years and fine of Rs.1000/- to
each. Appellants were on bail during trial and after the
conviction they were released on bill by the trial Court. It is also
submitted that the fine amount of Rs.1,000/- by each appellants
has already been deposited and looking to the short term
sentence, appellants be released on bail.
On the other hand learned G.A. has vigorously opposed
the bail application and prayed that the same be dismissed.
Looking to the facts and circumstances of the case, but
without commenting on merits of the case I am of the view that
this application deserves to be allowed. It is hereby directed that
execution of remaining jail sentence of appellants shall remain
suspended during the pendency of this appeal and they shall be
released on bail on their furnishing personal bond in the sum of
Rs.25,000/- each with one solvent surety in the like amount to
the satisfaction of the trial Court for their appearance before the
Registry of this Court on 10/11/14 and thereafter on further dates
as may be directed by the Registry in this regard.
Certified copy as per rules.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1987/13
04 .08.2014
Shri SB. Agnihotri, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for orders on maintainability.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.731/14
04 .08.2014
Shri SK. Mishra, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1375/14
04 .08.2014
Shri Vivek Agrawal, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
Learned counsel for the applicant submits that the arguing
counsel is busy in another Court and prays for short
adjournment.
Prayer is allowed.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1858/04
04/08/2014
Shri Umesh Jaiswal, learned counsel for the applicant.
Shri BP. Pathak, G.A. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1606/04
04 .08.2014
Shri AD. Mishra, learned counsel for the applicant.
The case is listed today for admission.
It would be proper to issue notice to respondent before
considering the question of admission.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.908/2005
04 .08.2014
Shri BK. Upadhyaya, learned counsel for the applicant.
Shri B.P. Pandey, G.A. for the respondent-State.
The case is listed today for exemption from filing typed
copy of IA. No.5062/14.
Learned counsel for the applicant submits that he is not
aware about the latest position of the matter pending before the
Trial Court.
Learned counsel for the applicant prays for and is granted
10 days time to verify the latest status of the matter pending
before the trial Court.
List after 10 days.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1091/05
04/08/2014
Shri Neeraj Pathak, learned counsel for the applicant.
Shri BP. Pathak, G.A. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.750/06
04 .08.2014
Shri Sanjeev Mishra, learned counsel for the applicant.
The case is listed today for admission.
Learned counsel for the applicants submits that he has
filed IA.No.14994/14 an application for conversion of revision
into M.Cr.C., but the same is not on record.
Office is directed to trace the I.A. and place it on record.
List thereafter.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1272/14
01 .08.2014
Shri Ashutosh Upadhyay, learned counsel for the
appellant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
Case is listed today for orders on the question of
maintainability of petition, for orders on IA.No.9785/14 an
application for amendment in the record and also for orders on
IA.No.14221/14 an application for amendment in cause title.
Learned counsel for the appellant seeks permission to
withdraw IA.No.9785/14.
Prayer is allowed.
Accordingly, IA.No.9785/14 stands dismissed as
withdrawn.
Heard on IA.No.14221/14 an application for amendment
in cause title of memo of petition.
This application for amendment has been filed on the
ground that by mistake instant appeal has been filed under
Section 378 of Cr.P.C. instead of petition under Section 482 of
Cr.P.C.
After due consideration the aforesaid I.A. is hereby
allowed and appellant is permitted to carry out necessary
amendment in the memo of petition within a period of one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.608/14
01/08/2014
Shri Pramod Jain, learned counsel for the appellant.
Shri Swapnil Sangaur, learned counsel for respondent.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.669/14
01 .08.2014
None for the applicant.
Shri Ajit Kumar Rawat, learned counsel for the respondent
No.1.
Shri Rakesh Kesharwani, P.L. for the respondent No.2-
State.
The case is listed today for admission and orders on
IA.No.7025/14 an application for maintaining status quo.
Vide order dated 25/06/14 applicant was directed to supply
copy of document to the counsel for respondents.
Learned counsel for the respondent No.1 submits that the
copy has not been supplied to him.
Case is adjourned in absence of counsel for applicant.
Counsel for applicant is again directed to supply copy of
document to the counsel for respondent No.1.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.689/14
01 .08.2014
Shri SK. Dwivedi, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for admission and for
consideration of I.A.No.7244/14 an application for stay.
Case diary is not available. Copy of charge-sheet has also
not been filed by the applicant.
Learned panel lawyer is directed to call for the call for the
case diary. Counsel for the applicant is also directed to file copy
of charge-sheet.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.842/14
01/08/2014
Shri Deependra Singh, learned counsel for the appellant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.894/2014
01 .08.2014
Shri Pramod Singh Tomar, learned counsel for the
applicant.
Smt. Varsha Kothari, learned counsel for the respondent.
Case is listed today for admission and for orders on
IA.No.9212/14 an application for stay.
Heard on the question of admission.
Admit.
So far as I.A.No.9212/14 is concerned, learned counsel for
respondent prays for two weeks time to file reply of aforesaid
I.A.
Prayer is allowed.
List after two weeks.
Record of the Courts below be called for.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.906/14
01/08/2014
Shri Mohammed Siddiqui, learned counsel for the
applicant.
Shri Anand Chourasiya, learned counsel for the
respondent.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1168/14
01 .08.2014
Shri Lalji Kushwaha, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
Case is listed today for orders on IA.No.11664/14 an
application for grant of stay.
The case diary is not available.
After due consideration of aforesaid I.A., I am not inclined
to stay the operation of proceedings pending before the trial
Court.
Accordingly, the application stands dismissed.
Case be listed for final hearing in the month of August,
2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1299/14
01 .08.2014
Shri SK. Tiwari, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent no.1-
State.
The case is listed today for orders on IA.No.12777/14 an
application for stay and orders on IA.No.12776/14 an application
under Section 5 of Limitation Act.
It would be proper to issue notice to respondent No.2
before considering the aforesaid applications.
Let notice be issued to the respondent No.2 on payment of
PF within one week by registered post as well as by ordinary
mode. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1424/14
01 .08.2014
Shri Hemant Sen, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
Heard on IA.No.13908/14 an application for condonation
of delay.
There is delay of 49 days in filing the revision.
The reasons stated in the aforesaid I.A. for causing the
delay in filing the revision has sufficiently been explained, which
appears tobe bonafide. The application is supported by medical
certificate and affidavit of the applicant.
On due consideration the application is hereby allowed
and delay in filing the revision petition is condoned.
Learned counsel for the applicant is directed to file the
copy of charge-sheet.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1561/07
01 .08.2014
None for the applicant.
Shri Rakesh Kesharwani, learned P.L. for the respondent
No.1-State.
The case is listed today for admission and orders on
IA.No.9292/07 an application for stay.
Earlier on 07/09/11 the case was listed for removing
default and it was directed that if the default will not be cured
within 15 days, the revision shall stand dismissed automatically
without further reference to the Bench, but it appears that the
default has not been cured till so far.
Earlier also nobody appeared on behalf of applicant.
Today also neither applicant nor his counsel appeared. It appears
that the applicant has lost his interest in prosecuting this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

as
Cr.R.No.1574/07
01 .08.2014
None for the applicant.
Shri Rakesh Kesharwani, learned P.L. for the respondent-
State.
Earlier also on so many occasions nobody appeared on
behalf of applicant. Today also neither applicant nor his counsel
appeared. It appears that the applicant has lost his interest in
prosecuting this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.1579/07
01 .08.2014
Shri Lokesh Jain, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
Case is listed today for admission.
Case diary is not available. Copy of charge-sheet has also
not been filed.
Learned counsel for the applicant submits that he is not
aware about the latest position of the matter pending before the
Trial Court.
Learned counsel for the applicant is directed to verify the
latest status of the matter pending before the trial Court or to file
copy of charge-sheet to proceed further.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1594/07
01/08/2014
Shri NK. Tiwari, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2024/14
01 .08.2014
None for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
In absence of counsel for the applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1640/07
01 .08.2014
None for the applicant.
Earlier also on 16/10/07 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1654/07
01 .08.2014
Shri Sajidulla Khan, learned counsel for the applicant.
Shri Riyaj Mohammed, learned counsel for respondent.
The case is listed today for consideration of
IA.No.9909/07 an application for grant of stay.
Learned counsel for the applicant seeks permission to
withdraw the aforesaid I.A.
Prayer is allowed. Accordingly, application for stay stands
dismissed as withdrawn.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
AY 2011-12 AY 2012-13 AY 2013-14
Date
Ack. No.
Circle/Ward
and City
Mode
(Manual / e-
field)
If Income Tax Return has not Return Under Return Under Return Under
been filed Preparation Preparation Preparation
Business has Business has Business has
been closed been closed been closed
No Taxable No Taxable No Taxable
Income Income Income

Cr.R.No.1144/12
31.07.2014
Shri Rajkamal Chaturvedi, learned counsel for the
applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for orders on IA.No.9207/14 an
application for early hearing.
Parties are heard on the aforesaid I.A.
This criminal revision has been filed against the judgment
dated 22/06/12 passed by Additional Session Judge, Bijawar.
Application for early hearing is filed on the ground that the
applicant is aged about more than 59 years and he will be retired
from the service in the month of July, 2014 and if his revision
will not be decided prior to that day, then he will not get any
benefit of retiral dues.
Looking to the pendency of criminal appeals and revisions
and keeping in view the present Roster system, I am not inclined
to allow the aforesaid I.A. because this criminal revision is not so
old and is pending since 2012.
Accordingly, aforesaid I.A. stands dismissed.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1554/13
31 .07.2014
Shri LN. Sakle, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for orders on IA.No.18590/13 an
application for stay.
Parties are heard on the aforesaid I.A.
This criminal revision has been filed against framing of
charge under Section 306 of IPC.
The charge has already been framed and the matter is
proceeding for recording of evidence. In the above circumstances
I am not inclined to stay the proceedings pending before the
Court below. Hence, the I.A.No.18590/13 stands dismissed.

(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.3473/13
31 .07.2014
Shri Prakash Upadhyaya, learned counsel for the applicant.
None for the respondents.
This petition has already been admitted vide order dated
27/06/14 in absence of respondents because despite service of
notice to the respondents they did not appear.
The case is listed today for consideration of IA.No.14480/14
an application for early hearing of stay application.
Learned counsel for the applicant is heard on the aforesaid
I.A.
Respondents are not present since 06/03/14 and vide order
dated 27/06/14 in their absence the petition was admitted. It is
apparent that the respondents are not taking interest, therefore,
keeping in view the above circumstances the aforesaid I.A. is
allowed and application for grant of stay is considered.
The matter has already been directed tobe listed for final
hearing in due course and looking to the nature of case as well as
the conduct of respondents and averments made in the application
for grant of stay which is supported by affidavit of applicant, the
application for staying the proceedings pending before the Court
below is hereby allowed and further proceedings of Criminal Case
No.250/98 pending before Judicial Magistrate, I-Class, Rewa for the
offence under Sections 294, 452, 506 of IPC is hereby stayed till
disposal of this revision.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1678/08
31 .07.2014
Shri Mohammad Siddiqui, learned counsel for the
applicant.
The case is listed today for admission.
Let notice be issued to the respondents on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1685/08
31 .07.2014
None for the applicants even in second round.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
It appears that the applicant has lost his interest in
prosecuting this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1690/08
31 .07.2014
None for the applicant even in second round.
Earlier also on 12/11/08 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1692/08
31 .07.2014
None for the applicant even in second round.
Shri Ramesh Kushwaha, P.L. for the respondent No.3-
State.
Earlier also on 23/09/08 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2032/08
31 .07.2014
Shri Sudeep Patel, learned counsel for the appellant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2079/08
31 .07.2014
None for the applicant even in second round.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
Earlier also on 28/02/11 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2029/08
31 .07.2014
None for the parties, even in second round.
In absence of counsel for the parties case is adjourned.

(Sushil Kumar Gupta)
JUDGE

M.Cr.C.No.5245/14
31 .07.2014
Shri Bhupendra Shukla, learned counsel for the applicant.
The case is listed today for orders on IA.No.14691/14 an
application for amendment of the address of the respondent.
Heard on the aforesaid I.A.
This application has been filed by the applicant to correct
the address of respondent.
The reasons stated in the application appears tobe
bonafide. Accordingly, the aforesaid I.A. is hereby allowed.
Application is permitted to carryout necessary amendment in the
array of petition within three days.
List thereafter.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.233/2010
31 .07.2014
None for the applicant even in second round.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
Earlier also on 22/07/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1735/12
31 .07.2014
Shri Manish Tiwari, learned counsel for the applicant.
The case is listed today for orders on non-compliance of
order dated 25/06/14.
Counsel for the applicant prays for and is granted one
weeks' time to comply the order dated 25/06/14.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.511/14
31 .07.2014
Shri Rahul Sharma, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent No.1-
State.
None for respondent No.2 even in second round.
Case is listed today for orders on IA.No.11357/14 an
application for withdrawal of compensation.
Learned counsel for the applicant prays for and is granted
two weeks time to file reply of the aforesaid I.A.
List after two weeks under the same head.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.8985/14
31 .07.2014
Shri Manish Tiwari, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today in default as pointed out by the
office.
Learned counsel for the applicant prays for and is granted
two days time to remove the default.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1067/06
31 .07.2014
Shri Dhananjay Lakhera, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for orders on IA.No.5624/14 an
application for exemption from personal appearance before this
Court.
Parties are heard on the aforesaid I.A.
The applicant has filed this application on the ground that
the applicant is a poor person and is resident of Ajaygarh, Distt.
Panna, which is about 250 km away from Jabalpur and because
of poverty it is difficult for him to appear before the Registry of
this Court on each and every date.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, applicant is directed to appear before
the trial Court, Ajaygarh, Distt. Panna firstly on 16/09/14 and on
such other dates as are fixed by such Court in this regard till
disposal of this revision. Trial Court, Ajaygarh, Distt. Panna be
intimated in this regard within one month. Applicant is also
directed to file certified copy of this order before such Court
within 30 days. Trial Court, Ajaygarh, Distt. Panna is further
directed to submit the report for non-appearance of the applicant
to this Court.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1683/07
31 .07.2014
Shri Mukesh Pandey, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for admission and orders on
IA.No.10078/07 an application for stay.
Learned counsel for the applicant submits that he is not
aware about the latest position of the matter pending before the
Trial Court and he prays for two weeks time to confirm the latest
status of the matter pending before the trial Court.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1017/08
31 .07.2014
None for the applicant, even in second round.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
In absence of counsel for the applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2275/08
31 .07.2014
Shri Istiyak Hussain, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for orders on IA.No.9864/14 an
application for exemption from personal appearance before this
Court.
Parties are heard on the aforesaid I.A.
The applicant has filed this application on the ground that
the applicant is a poor person and is resident of Burhanpur which
is more than 500 km away from Jabalpur and because of poverty
he cannot afford to come to Jabalpur on each and every date.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, applicant is directed to appear before
Chief Judicial Magistrate, Burhanpur firstly on 24/11/14 and on
such other dates as are fixed by such Court in this regard till
disposal of this revision. Chief Judicial Magistrate, Burhanpur be
intimated in this regard within one month. Applicant is also
directed to file certified copy of this order before such Court
within 30 days. C.J.M., Burhanpur is further directed to submit
the report for non-appearance of the applicant to this Court.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1901/11
31 .07.2014
Shri Manoj Mishra, learned counsel for the appellants.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
The case is listed today for further orders.
Since the appeal has already been admitted vide order
dated 25/08/11, therefore, case be listed for final hearing in due
course.

(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.2336/13
31 .07.2014
Shri Alok Agnihotri, learned counsel for the applicant.
Shri Rakesh Kesharwani, P.L. for the respondent No.1-
State.
None for respondent No.2, even in second round.
Learned counsel for the applicant prays for and is granted
one weeks time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.855/14
31 .07.2014
None for the applicant, even in second round.
Shri Rakesh Kesharwani, P.L. for the respondent-State.
In absence of counsel for the applicant case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1487/10
31 .07.2014
Shri Jagdish Singrol, learned counsel for the appellant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today for orders on IA.No.23877/14 an
application for early hearing.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1189/12
31 .07.2014
Shri Rahul Sharma, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today for orders on IA.No.13830/14 an
application for early hearing.
Learned counsel for the applicant prays for and is granted
four weeks time to argue the matter.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
as
M.Cr.C.No.13506/12
31 .07.2014
Shri Ranjeet Singh Parihar, learned counsel for the
applicant.
Shri Ramesh Kushwaha, P.L. for the respondent No.2-
State.
The case is listed today for orders on IA.No.14565/14 an
application for withdraw of the case.
Keeping in view the averments made in the application,
the same is allowed and petition stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.13502/12
31 .07.2014
Shri Ranjeet Singh Parihar, learned counsel for the
applicant.
Shri Ramesh Kushwaha, P.L. for the respondent No.2-
State.
The case is listed today for orders on IA.No.14567/14 an
application for withdraw of the case.
Keeping in view the averments made in the application,
the same is allowed and petition stands dismissed as withdrawn.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1045/13
31 .07.2014
Shri Vijay Kumar Shukla, learned counsel for the
applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today for orders on IA.No.3759/14 an
application for early hearing.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.2129/13
31 .07.2014
Shri Jagdish Singrol, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today for orders on IA.No.3972/14 an
application for exemption from personal appearance before this
Court.
Parties are heard on the aforesaid I.A.
The applicant has filed this application on the ground that
he is a poor villager and he has to come from a interior village of
District Tikamgarh which is too far from Jabalpur.
The reason stated in the aforesaid I.A. appears tobe
bonafide. Accordingly, application is hereby allowed and instead
the Registry of this Court, applicant is directed to appear before
Chief Judicial Magistrate, Tikamgarh firstly on 20/08/14 and on
such other dates as are fixed by such Court in this regard till
disposal of this revision. Chief Judicial Magistrate, Tikamgarh be
intimated in this regard within one month. Appellant is also
directed to file certified copy of this order before such Court
within 30 days. C.J.M., Tikamgarh is further directed to submit
the report for non-appearance of the appellant to this Court.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1390/14
31 .07.2014
Smt. Sarita Kanojia, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today for filing certified copy of the
impugned order.
Learned counsel for the applicant prays for and is granted
two weeks time to file certified copy of impugned order.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1542/14
31 .07.2014
Smt. Sobhna Sharma, learned counsel for the applicant.
The case is listed today for orders on IA.No.14794/14 an
application for condonation of delay.
Let notice be issued to the respondent on payment of PF
within one week by registered post as well as by ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1953/14
31 .07.2014
Smt. Vanaj Karnam, learned counsel for the appellant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today for removing the defaults as
pointed out by the office.
Learned counsel for the appellant submits that she has
already removed the default.
Office is directed to verify and proceed further.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1940/14
31 .07.2014
Shri Amit Jain, learned counsel for the appellant.
Shri Rameesh Kushwaha, P.L. for the respondent-State.
The case is listed today for removing the defaults as
pointed out by the office.
Learned counsel for the appellant submits that he has
already removed the default.
Office is directed to verify and list on 04/08/14.

(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.10632/14
31 .07.2014
Shri Brijesh Rajak, learned counsel for the applicant.
Shri Ramesh Kushwaha, P.L. for the respondent-State.
The case is listed today in default as pointed out by the
Office.
Learned counsel for the applicant prays for and is granted
one weeks' time to remove the default.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.877/07
31 .07.2014
Shri RV. Patel, learned counsel for the applicant.
Shri Rameesh Kushwaha, P.L. for the respondent-State.
The case is listed today for final hearing.
Paper-book is not prepared.
Office is directed to prepare the paper=-book for final
hearing and list thereafter.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2290/13
25 .07.2014
Shri Sourabh Bhushan Shrivastava, learned counsel for the
applicant.
Shri Ashish Kurmi, learned counsel for the respondent.
The case is listed today for admission as well as on
IA.No.25169/13 an application for staying the operation of the order
dated 30/09/13 passed in the Criminal Revision No.162/10.
Heard on the question of admission.
Admit.
Also heard on IA.No.25169/13.
Applicant has filed this revision against the order dated
30/09/13 passed by I Additional Session Judge, Gadarwara Distt.
Narsinghpur in Cr.R. No.162/10 by which the maintenance amount
which was awarded by the Judicial Magistrate, I Class, Gadarwara,
Distt. Narsinghpur vide order dated 28/10/10 @ Rs.1,000/- per
month, was reduced to Rs.600/- per month.
Having heard the learned counsel for the parties and after
perusal of available record, the aforesaid I.A. is hereby allowed and
operation of order dated 30/09/13 passed by I Additional Sessions
Judge, Gadarwara, Distt. Narsinghpur in Cr.R.No.162/10 shall
remain stayed till final disposal of this revision.
Let the matter be listed for final hearing.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1112/14
.07.2014
The applicant and prosecutrix were residing in the same
house since last many years because the mother of prosecutrix
was tenant of the applicant's parent and thats why they meet
daily and because of teenager they become close friend. It is also
submitted that the report of Probationary Officer wherein it is
stated that the prosecutrix was the tenant of the parents of the
applicant/accused and because of non-payment of rent
prosecutrix and her mother were ejected from the rented house.
On the very day of incident in the morning there was quarrel
between the prosecutrix's mother and applicant's mother. At that
time applicant/accused expelled the prosecutrix from the house.
Resultantly, this case has been registered by the prosecutrix
against the applicant/accused. The applicant has no criminal
antecedent. Learned counsel also submitted that the gravity of
offence is not a ground for rejection of bail/custody, therefore,
prays to release the applicant/accused on supurdigi.
..........LAST PARA.............

Section 12 of the Act of 2000 reads as under :-
12. Bail of Juvenile.- (1) When any person accused of a
bailable or non-bailable offence, and apparently a
juvenile, is arrested or detained or appears or is
brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any
other law for the time being in force, be released on
bail with or without surety but he shall not be so
released if there appear reasonable grounds for
believing that the release is likely to bring him into
association with any known criminal or expose him
to moral, physical or psychological danger or that
his release would defeat the ends of justice.
(2). When such person having been arrested is not
released on bail under Sub-section (1) by the officer
incharge of the police station, such officer shall
cause him to be kept only in an observation home in
the prescribed manner until he can be brought
before a Board.
(3). When such person is not released on bail under
Sub-Section (1) by the Board it shall, instead of
committing him to prison, make an order sending
him to an observation home or a place of safety for
such period during the pendency of the inquiry
regarding him as may be specified in the order.
The language of Section 12 of the Act of 2000 conveys the
intention of this legislature to grant bail to the juvenile
irrespective of nature or gravity of the offence alleged to have
been committed by him and well can be defined only in the case
where there appears reasonable grounds for believing that the
release is likely to bring him into association with any known
criminal or expose him to moral, physical or psychological
danger or that his release shall defeat the ends of justice. In this
context I have also scanned through and perused the orders
passed by the Courts below, FIR of the case as well as the report
submitted by the Probationary Officer.
In 2004(2) R.C.C. 995 Manoj Singh Vs. State of
Rajasthan, 2006 (1) R.C.C. 167 Lal Chand Vs. State of
Rajasthan, 2006(1) R.C.C. 337 Prakash Vs. State of Rajasthan,
2005(4) Crimes 110 Udaibhan Singh alias Bablu Singh Vs. State
of Rajasthan, 2005(4) Crimes 649 Vijay Kumar Vs. State of
Chhattisgarh and 2008(1) MPWN, Note-94 Rajkumar Vs. State
of M.P. it has been held by the High Courts that if there are no
allegations that release of delinquent juvenile on bail shall bring
him into association with any known criminal or expose him to
moral, physical or psychological danger or that his release shall
defeat the ends of justice, he deserves to be released on bail and
merits or nature of the offence has no relevance while
considering the bail application of delinquent juvenile.
On going through the abovesaid citations, the legal
position of granting or rejecting bail to a delinquent juvenile is
candidly clear. While considering the bail application to juvenile
only enumerated in Section 12 of the Act of 2000 should be seen
and provisions of bail of the Code of Criminal Procedure shall
not govern juvenile's bail application. Heinousness of offence is
also has no relevance while considering the bail matter of a
delinquent juvenile.
It is for the prosecution to bring on record such material,
including the report of the Probationary Officer to show that the
release of the delinquent juvenile on bail is likely to bring him
into the association with any known criminal or expose him to
moral, physical or psychological danger or his release would
defeat the ends of justice.
On going through the impugned order it is revealed that on
the basis of Juvenile Board's order, appellate Court held that if
the petitioner is released on bail it would defeat the ends of
justice. No reason has been assigned by the appellate Court in the
impugned order to arrive at conclusion that if petitioner is
released on bail, how it will defeat the ends of justice.
The report of the Probationary Officer reveals that the
applicant/accused conduct is satisfactory and he belongs to a
prosperous family. He has no criminal background and there is
no likelihood of committing any offence..
As per above discussion I am of the opinion that both the
Courts below erred in rejecting the applicant's bail application.
There is no possibility that if petitioner is released on bail, his
release shall bring him into association with any known criminal
or expose him to moral, physical or psychological danger or his
release shall defeat the ends of justice. Impugned order passed by
the appellate Court and the orders passed by the Juvenile Board
are not sustainable in law and both the Courts below committed
jurisdictional error and legality in passing both the orders.
Consequently, revision petition is allowed and impugned
order dated 27/05/14 passed by Appellate Court and the order
dated 19/05/14 passed by Juvenile Justice Board in Crime
No.375/14 are hereby set aside and it is directed that
applicant/accused Ishan @ Lucky be released on bail on
executing a personal bond by his natural guardian Mother Smt.
Najma Khan in the sum of Rs.25,000/- (Rs. Twenty Five
Thousand) with two solvent sureties each in the like amount to
the satisfaction of the Principal Magistrate, Juvenile Justice
Board, Bhopal with the stipulation that on all the subsequent
dates of hearing, she shall produce the delinquent juvenile before
the said Board or any other Court during pendency of the inquiry
and his guardian shall keep proper look-after of the juvenile
delinquent and keep him away from the company of known
criminals.
With the aforesaid, petition stands disposed of.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2088/13
25 .07.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Let the case be listed for analogous hearing alongwith
Cr.R.No.2128/13.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1563/11
25 .07.2014
Shri Lokesh Jain, learned counsel for the applicants.
Shri Satyendra Singh, P.L. for the respondent No.1-State.
Let notice be issued to the respondent No.2 on payment of
PF within seven days by registered post as well as by ordinary
mode. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.120/12
25 .07.2014
Shri Rajesh Maindiretta, learned counsel for the applicant.
Shri UK. Tripathi, learned counsel for the respnodent.
As prayed by the learned counsel for the respondent case
is adjourned.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1739/12
25 .07.2014
Shri RB. Patel, learned counsel for the applicant.
None for the respondent.
In absence of counsel for the respondent case is adjourned.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.468/13
25 .07.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent No.1-State.
As prayed by the learned counsel for the applicant, list the
matter in the next week.
Interim order to continue till next date of hearing.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2408/13
25 .07.2014
Shri Lalji Kushwaha, counsel for the applicant.
None for the respondent.
Learned counsel for the applicant seeks permission to
withdraw this revision.
Prayer is allowed.
Accordingly, the revision stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2513/13
25 .07.2014
Shri Lalji Kushwaha, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
The case is listed today for consideration of
IA.No.27742/13 an application for condonation of delay.
Learned counsel for the applicant submitted that criminal
revision has been filed within time and there is no delay in filing
the petition, hence he wants to withdraw the IA.No.27742/13.
Accordingly, aforesaid I.A. stands dismissed as
withdrawn.
List the matter for final hearing under the same head.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.586/12
25 .07.2014
None for the appellant, even in second round.
Shri Satyendra Singh, P.L. for the respondent-State.
In absence of counsel for the appellant case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.66/06
25 .07.2014
None for the parties, even in second round.
In absence of counsel for the parties case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2156/06
25 .07.2014
None for the applicant even in second round.
Shri Satyendra Singh, P.L. for the respondent-State.
Earlier also on 16507/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1190/09
25 .07.2014
Shri US. Jaiswal, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case is listed today for admission.
Record of the lower Court is not available.
Office is directed to call for the record of the Courts
below.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1141/11
25 .07.2014
Shri Madan Singh, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent No.1-State.
Let notice be issued to the respondent No.2 on payment of
PF within seven days by registered post as well as by ordinary
mode. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1834/11
25 .07.2014
Shri RS. Siddiqui, learned Assistant Solicitor General for
the applicant.
None for the respondents even in second round.
List the matter in the week commencing 25/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2128/12
25 .07.2014
None for the applicant even in second round.
Shri Satyendra Singh, P.L. for the respondent-State.
Earlier also on 16/07/14 nobody appeared on behalf of
applicant. Today also neither applicant nor his counsel appeared.
It appears that the applicant has lost his interest in prosecuting
this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2361/12
25 .07.2014
Shri JK. Verma, learned counsel for the applicant.
None for the respondent, even in second round.
The case is listed today for admission.
Learned counsel for the applicant submits that the original
petition for granting maintenance under Section 125 Cr.P.C.,
which was pending before II Additional Principal Judge,
Jabalpur has been dismissed for want of evidence, hence he
seeks permission to withdraw this petition with liberty to recover
the amount of interim maintenance, which was paid by the
applicant to the respondent.
In such premises prayer is allowed.
Accordingly, the revision stands dismissed as withdrawn
with liberty as prayed for.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.947/13
25 .07.2014
Shri Vinod Kumar Dubey, learned counsel for the
applicant.
None for the respondent, even in second round.
Heard on the question of admission.
Having heard the learned counsel for the applicant and
after perusal of the impugned order as well as Annexure A/2, the
revision petition is admitted for final hearing.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1531/13
25 .07.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case diary is not available.
Learned G.A. is directed to call for the case diary and keep
present the same on the next date of hearing positively.
List in the next month.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1622/13
25 .07.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case diary is not available.
Learned G.A. is directed to call for the case diary and keep
present the same on the next date of hearing positively.
List in the next month.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.103/06
25 .07.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.103/06
25 .07.2014
Shri Pushpendra Dubey, learned counsel for the applicant.
None for the respondent, even in second round.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.47/13
25 .07.2014
Shri Deependra Mishra, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.162/97
24 .07.2014
Shri Virendra Singh, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
The case is listed today for orders on IA.No.13384/14 an
application for modification / clarification of order dated
03/07/14.
The applicant has filed this application for modification /
clarification of order dated 03/07/14 on the ground that vide
order dated 03/07/14 applicant was directed to furnish the bail,
but due to inadvertence the name of the Court before whom the
bail bond has tobe furnished has not been mentioned.
After going through the order dated 03/07/14, the
application seems tobe admissible and it is directed that in
compliance of order dated 03/07/14 applicant shall furnish a
personal bond and surety in the sum of Rs.20,000/- before the
Chief Judicial Magistrate, Jabalpur to ensure his presence before
the Registry of this Court firstly on 25/08/14 and on such other
dates as may be fixed by the Registry in this regard. This
clarification order has been passed in continuation of order dated
03/07/14.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.442/07
24 .07.2014
None for the applicant.
Shri RS. Siddiqui, learned Assistant Solicitor General, for
the respondent-CBI.
The case is listed today for admission.
Learned counsel appearing on behalf of respondent
submitted that he is not aware about the latest position of the
matter pending before the trial Court because the matter is
pending since 2007 and he prays for two weeks time to ascertain
the latest position of the matter pending before the trial Court.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.581/07
24 .07.2014
Ms. Pooja Gajra, counsel for the applicant.
None for the respondent.
Learned counsel for the applicant seeks permission to
withdraw this revision.
Prayer is allowed.
Accordingly, the revision stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.593/07
24 .07.2014
Shri Sameer Chile, G.A. for the applicant-State.
None for the respondent.
The case is listed today for admission.
Learned G.A. submitted that this petition is pending since
2007 and he is not aware about the latest position of the matter
pending before the trial Court, therefore, three weeks time be
given to verify the latest position of the matter pending before
the trial Court.
Prayer is allowed.
List after three weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.646/07
24 .07.2014
List alongwith Cr.R.No.811/07.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.477/14
24 .07.2014
Shri Ranjan Banerjee, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
The case is listed today for admission and orders on
IA.No.869/14.
Case diary is not available.
Learned G.A. is directed to call for the case diary and keep
present the same on the next date of hearing positively.
List in the next week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.663/14
24 .07.2014
Shri Priyank Awasthi, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
The case is listed today for admission and orders on
IA.No.6959/14 an application for stay.
Case diary is not available.
Learned G.A. is directed to call for the case diary and keep
present the same on the next date of hearing positively.
List in the month of August, 2014.
(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.701/14
24 .07.2014
Shri Wakil Ahmed Ansari, learned counsel for the
applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case diary is available.
Vide order dated 13/05/14 report of Handwriting Expert
was called, but the same is not received till so far.
Learned G.A. is directed to produce the report of
Handwriting Expert on the next date of hearing positively.
List in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.742/14
24 .07.2014
Shri Ashish Kurmi, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Case is listed today for admission and orders on
IA.No.7734/14.
Case diary is not available.
Learned panel lawyer is directed to keep present the case
diary on the next date of hearing positively.
List in the next week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.745/14
24 .07.2014
Shri Shri Ajay Kumar Jain, learned counsel for the
applicant.
Shri Satyendra Singh, P.L. for the respondent No.3-State.
Case is listed today for admission and IA.No.1035/14 an
application for stay & IA.No. 11894/14 application for
condonation of delay.
Let notice on admission as well as on the aforesaid
applications be issued to the respondent Nos. 1 & 2 on payment
of P.F. within seven days by registered post as well as ordinary
mode. Notices be made returnable within four weeks.
List the matter in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.757/14
24 .07.2014
Ku. Gayatri Ladhiya, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Case is listed today for admission.
Case diary is not available.
Learned panel lawyer is directed to keep present the case
diary on the next date of hearing positively.
List the matter in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.850/14
24 .07.2014
Shri SN. Saraf, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Head on the question of admission.
Admit.
List for final hearing on 11/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.734/14
24 .07.2014
Shri Anoop Kumar Saxena, learned counsel for the
applicant.
Shri Satyendra Singh, P.L. for the respondent No.1-State.
The case is listed today for orders on admission and
IA.No.7619/14 an application for stay.
Respondent No.2 is is not served.
It would not be proper to hear on the question of admission
as well as on IA.No.7619/14 in absence of respondent No.2.
Let notice be issued to the respondent No.2 on payment of
P.F. within seven days by registered post as well as ordinary
mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.949/14
24 .07.2014
Shri Jagdish Singrol, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Heard on the question of admission.
The applicant was convicted vide judgment dated 30/01/14 by
Judicial Magistrate, I Class, Tikamgarh under Section 279 & 337 (2
count) and sentenced with fine of Rs.500/- (2 count), against which
an appeal was preferred by the applicant before the Session Court,
Tikamgarh, which was also dismissed and the judgment passed by
the trial Court was affirmed, against which this revision petition has
been filed by the applicant.
Learned counsel for the applicant submitted that although the
applicant has been sentenced with fine only, but the applicant was
aged 27 at the time of incident and incident occurred suddenly
without any intention. He also submitted that this is first offence of
the applicant and he has got selected in the job for Constable, but
due to this conviction, he is unable to get the job, hence applicant
may kindly be released on Probation of Offenders Act.
In such circumstances, revision petition is admitted for final
hearing.
Looking to the nature of case learned counsel for the applicant
requested for an early date.
Prayer is allowed.
List the matter for final hearing in the month of September,
2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.622/14
22 .07.2014
Shri SB. Shrivastava, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case is listed today for admission and on IA.No.13706/14
an application for early hearing.
Heard on the question of admission.
Learned counsel for the applicant submits that this revision
has been filed against the order dated 18/03/14 passed by
Additional Session Judge, Piparia, District Hosangabad, whereby
charges have been framed against the applicant under Section
306, 201/34 of IPC. He submits that four other accused person
against whom Police Station, Piparia has registered an offence
under Section 306, 201/34 of IPC, had filed a petition under
Section 482 of Cr.P.C. for quashment of FIR registered vide
crime No.333/12 at Police Station Pipariya, District Hosangabad.
He furnished the copy of M.Cr.C.No.13510/12 in which Co-
ordinate Bench of this Court vide order dated 13/02/13 has
quashed the FIR registered at Crime No.333/12 at Police Station
Pipariya, District Hosangabad. Learned counsel further submits
that in the same crime number the applicant of the present
petition has been charge-sheeted and by the impugned order
charges under Section 306, 201/34 of IPC have been framed.
Having heard learned counsel for the applicant as well as
after going through the material placed on record, till next date of
hearing proceedings pending before the trial Court in S.T.
No.328/13 shall remain stayed.
Learned G.A. is directed to keep present the case diary on
the next date of hearing.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No..3030/13
25 .07.2014
None for the appellant, even in second round.
Shri Satyendra Singh, P.L. for the respondent-State.
In absence of counsel for the appellant case is adjourned.
List in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.172/14
22 .07.2014
Shri Devendra Gangrade, learned counsel for the
applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1360/14
22 .07.2014
Shri SK. Soni, learned counsel for the applicant.
Learned counsel for the applicant prays for and is granted
three days time to file additional documents on record.
Prayer is allowed.
List in the week commencing 28/07/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1753/04
22 .07.2014
None for the appellant, even in second round.
Shri Satyendra Singh, P.L. for the respondent-State.
The matter pertains to Division Bench, hence Office is
directed to list the same before appropriate Bench.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.755/10
22 .07.2014
Shri RS. Thakur, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
The case is listed today for orders on appearance of
accused/applicant.
The applicant is also present in person. He is duly
identified by his counsel. His presence be marked.
Learned counsel for the applicant submitted that he has
filed IA.No.14371/14 an application for condonation of non-
appearance of applicant on 05/03/14, but the same is not on
record. Learned counsel supplied the copy of aforesaid I.A.
Office is directed to trace the same and place it on the
record.
On the basis of copy of aforesaid I.A. parties are heard.
Considering the averments made in the aforesaid I.A., non-
appearance of the applicant on 05/03/14 appears tobe bonafide.
Accordingly, the application is allowed and his non-appearance
on 05/03/14 is condoned. He is directed to appear before the
Registry of this Court on 13/10/14 and on such other dates as
may be fixed by the Registry in this regard.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1242/14
22 .07.2014
Shri Sanjay Seth, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Today the case is listed for admission and orders on
IA.No.12427/14 an application for stay.
Since the case diary is not available, hence it would not be
proper to hear the matter on the question of admission and grant
of stay. Panel lawyer is directed to call for the case diary and list
the matter after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1379/14
22 .07.2014
Shri Sanjay Seth & Shri JP. Dhimole, learned counsel for
the applicant.
The case is listed today for admission and orders on
IA.no.13505/14 an application for stay.
Let notice be issued to the respondent on payment of PF
within seven days by registered post as well as by ordinary
mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2292/07
22 .07.2014
Shri Satyendra Singh, P.L. for the respondent-State.
This Criminal Revision has been received from Sub-Jail,
Baihar, District Balaghat as jail revision on 31/12/07 against the
judgment dated 29/01/07 passed by I Chief Judicial Magistrate,
Balaghat, by which applicant was convicted under Section 409 of
IPC with imprisonment of 5 years R.I. with fine of Rs.1,00,000/-.
Against which an appeal was preferred by the applicant before I
Additional Sessions Judge, Balaghat, which was also dismissed
and the conviction and sentenced passed by the trial Court was
affirmed in toto.
It appears from the available record that applicant was not
on bail during trial and he was under custody since 30/10/04. In
view of above it is candidly clear that the applicant has already
served and completed the jail sentence, which was awarded by
the trial Court as well as by the Appellate Court.
In such premises learned panel lawyer is directed to call
for the report from Sub-Jail, Baihar, District Balaghat to the
effect that whether the applicant has served the jail sentence as
awarded to him or whether he is in jail or released from the jail
after serving the jail sentence.
List the matter on 21/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.986/06
22 .07.2014
Shri Ratnesh Sharma, learned counsel for the applicant.
Shri Alok Agnihotri, learned counsel for the respondent.
As prayed by the learned counsel for the applicant case is
adjourned.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.155/06
22 .07.2014
Smt. Indu Pandey, learned counsel for the appellant.
Shri Satyendra Singh, P.L. for the respondent-State.
The case is listed for admission.
Vide order dated 22/02/06 the appeal has already been
admitted for final hearing, hence Office is directed to list the
matter for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1251/06
22 .07.2014
Shri Gyan Prakash Tripathi, learned counsel for the
applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Heard on the question of admission.
This revision has been preferred against the order dated
28/03/06 passed by Judicial Magistrate, I Class, Jabalpur in
Criminal Case No.848/03 by which a sum of Rs.7,000/- has been
ordered tobe confiscated.
During course of arguments in response of some queries,
learned counsel for the applicant agrees and submits that this
revision is not maintainable and he seeks permission to withdraw
the same with liberty to file a fresh petition before appropriate
forum.
Prayer is allowed.
Accordingly, this revision is hereby dismissed as
withdrawn with liberty as prayed.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.702/07
22 .07.2014
Shri Brijesh Kushwaha, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent No.4.
Let notice be issued to the respondent Nos. 1 to 3 on
payment of PF within seven days by registered post as well as by
ordinary mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1397/06
24 .07.2014
Shri SN. Saraf, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1825/08
22 .07.2014
Shri AP. Shah, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
Today the case is listed for admission.
This case has been allotted to the learned counsel for the
applicant through Legal Aid Committee.
Learned counsel for the applicant submits that the
applicant has already served the jail sentence as awarded by the
trial Court and as well as by the first Appellate Court, but he has
not been released from the jail because as per his information he
is serving the jail sentence in another case at District Jail,
Chhatarpur.
In such premises, learned panel lawyer is directed to call
for the report from the concerned Jail whether applicant has
served the awarded jail sentence or not and whether he has been
released after serving the jail sentence, and if he is still in
custody, then in which case he has been retained in jail.
List the matter on 27/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1892/08
22 .07.2014
Shri NK. Tiwari, learned counsel for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
The case is listed today for orders on non-appearance of
applicant on 01/05/14.
Learned counsel for the applicant informed that the
applicant is in custody in another case, but he don't know that in
which case and in which jail he is detained.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the applicant to secure his presence before this Court on
13/08/14.
Case be listed on 13/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1085/11
22 .07.2014
Shri Shivraj Kushwaha, learned counsel for the appellants.
Shri Satyendra Singh, P.L. for the respondent-State.
The case is listed today for orders on non-appearance of
appellants.
Learned counsel for the appellants submits that the
appellants are appearing before the concerned trial Court on the
dates which are given by the trial Court as they are exempted
from personal appearance before the Registry of this Court.
Learned counsel also submits that the next date is 05/08/14 on
which the appellants will appear before the Trial Court.
Record of the trial Court has already been received.
Let the matter be listed for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1536/06
22 .07.2014
Shri Chandrapal Singh, counsel for the applicant.
Learned counsel for the applicant seeks permission to
withdraw this revision.
Prayer is allowed.
Accordingly, the revision stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1368/11
22 .07.2014
Shri Satyendra Singh, P.L. for the applicant-State.
Case is listed today for admission.
In compliance of order dated 10/03/14 record of the trial
Court has not been received.
Let record of the trial Court be called for. Case be listed
thereafter.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1535/11
22 .07.2014
Shri Aditya Sharma, learned counsel for the applicant.
None for the respondent.
The case is listed today for orders on admission and for
appearance of the parties.
Learned counsel for the applicant submits that the matter
pertains to matrimonial dispute and there is possibilities of
amicable settlement between the parties, therefore, he prays that
an opportunity be given to the parties to appear before this Court.
Prayer is allowed.
Let the matter be listed on 08/09/14 alongwith
Cr.R.No.1532/11. On that date parties are directed to remain
present in person.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.945/12
22 .07.2014
None for the applicant.
Shri Satyendra Singh, P.L. for the respondent-State.
In absence of counsel for the applicant case is adjourned.
List the matter alongwith Cr.R.No.1107/12.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1107/12
22 .07.2014
Shri Anubhav Jain, learned counsel for the applicants.
Shri Satyendra Singh, P.L. for the respondent-State.
Heard no the question of admission.
Admit.
List for final hearing alongwith Cr.R.No.945/12.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1878/06
21 .07.2014
Shri Pushpendra Dubey, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1939/06
21 .07.2014
Shri Pushpendra Dubey, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1940/06
21 .07.2014
None for the applicant even in third round.
Shri Sameer Chile, G.A. for the respondent-State.
In the absence of counsel for the applicant case is
adjourned.
List in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2095/06
21 .07.2014
Shri Chandrapal Singh, counsel for the applicant.
None for the respondent, even in third round.
Today the case is listed for admission.
Learned counsel for the applicant seeks permission to
withdraw this revision.
Prayer is allowed.
Accordingly, the revision stands dismissed as withdrawn.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2109/06
21 .07.2014
None for the applicant even in third round.
Shri Sameer Chile, G.A. for the respondent-State.
In the absence of counsel for the applicant case is
adjourned.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2163/06
21 .07.2014
None for the applicant even in third round.
Shri Sameer Chile, G.A. for the respondent-State.
In the absence of counsel for the applicant case is
adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2182/06
21 .07.2014
Shri Hitendra Golhani, counsel for the applicant.
Let fresh notice be issued to the respondent on payment of
PF within seven days by registered post as well as ordinary
mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2195/06
21 .07.2014
None for the applicant even in third round.
Shri Sameer Chile, G.A. for the respondent-State.
In the absence of counsel for the applicant case is
adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2196/06
21 .07.2014
None for the applicant even in third round.
Let notice be issued to the respondent on payment of PF
within seven days by registered post as well as ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2263/06
21 .07.2014
None for the applicant even in third round.
Shri Sameer Chile, G.A. for the respondent-State.
In the absence of counsel for the applicant case is
adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.311/07
21 .07.2014
Shri NK. Tiwari, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
The case is listed today for admission.
Case diary is not available.
Learned G.A. submits that as the name of Advocate
General Office is not highlighted in the cause list, therefore, he is
not aware about the whereabouts of the case diary and he prays
for one weeks time to call for the case diary.
Prayer is allowed. Counsel for the State is directed to made
available the case diary on the next date of hearing positively.
Office is directed to reflect the name of Advocate General
Office in the cause list.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1641/07
21 .07.2014
None for the applicant even in third round.
Shri Sameer Chile, G.A. for the respondent-State.
Case is listed today for admission.
The case is pending since 2007. On 04/07/14 also nobody
appeared on behalf of applicant. Today also neither applicant nor
his counsel appeared. It appears that the applicant has lost his
interest in prosecuting this revision.
In such premises the revision petition is hereby dismissed
for want of prosecution.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1417/08
21 .07.2014
Shri Hitendra Golhani, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case is listed today for admission.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2228/13
21 .07.2014
Shri Ajay Pratap Singh, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2502/13
21 .07.2014
Shri Ashish Kurmi, counsel for the applicant.
Case is listed today for admission.
Let notice be issued to the respondent on payment of PF
within seven days by ordinary as well as registered post. Notice
be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.35/14
21 .07.2014
Shri Neeraj Singh, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for admission and orders on
IA.No.369/14 an application for stay.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
Prayer is allowed.
List in the week commencing 11/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Shri Ashok Soni,
Aarti Jewellers,
7/4 Jhansi Road,
Sadar Bazar,
SAGAR (M.P.)

Anurag Soni,
603, Trimurti Nagar,
Jabalpur

Cr.R.No.1325/12
21 .07.2014
Shri Jagdish Singrol, learned counsel for the applicant.
Shri Sameer Chile,G.A. for the respondent-State.
Today the case is listed for non-appearance of
applicant/accused on 30/04/14.
Learned counsel for the applicant/accused undertakes to
produce the applicant on the next date of hearing positively.
List the matter on 20/08/14 for appearance of applicant.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1020/06
21 .07.2014
Shri Sameer Chile, learned G.A. for the applicant-State.
None for the respondent.
Today the case is listed for admission.
Learned counsel for the State prays for and is granted one
weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1264/06
21 .07.2014
Shri A. Faujdar, learned counsel for the applicant.
Shri Sameer Chile, learned G.A. for the respondent-State.
Today the case is listed for admission and consideration of
IA.No.7079/06 an application for stay.
Learned counsel for the applicant prays for and is granted
10 days time to seek instruction.
List after 10 days.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1779/11
21 .07.2014
None for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
In compliance of earlier order arrest warrant was issued
against the applicant. In execution of that arrest warrant report
has been received to the effect that the same was not executed.
On earlier date due to non execution of arrest warrant
explanation from the Superintendent of Police, Satna was called.
Now after receiving the warrant report that order is recalled.
Now fresh warrant of arrest be issued against the applicant
to secure his presence before this Court for a date tobe fixed by
the Office in the month of September, 2014. Warrant be sent to
the Superintendent of Police, Satna for strict compliance of the
warrant.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.784/06
21 .07.2014
None for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
In compliance of earlier order arrest warrant was issued
against the applicant. In execution of that arrest warrant report
has been received to the effect that the same was not executed.
On earlier date due to non execution of arrest warrant
explanation of Superintendent of Police, Rewa was called. Now
after receiving the warrant report that order is recalled.
Now fresh warrant of arrest be issued against the applicant
to secure his presence before this Court for a date tobe fixed by
the Office in the month of September, 2014. Warrant be sent to
the Superintendent of Police, Rewa for strict compliance of the
warrant.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1825/06
21 .07.2014
Shri Atul Choudhary, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
The case is listed today for admission.
Learned counsel for the applicants submits that since the
case is listed today after a long time, therefore, he is not in
contact with the applicant and he prays for 10 days time to argue
the matter.
Prayer is allowed.
List after 10 days.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1902/06
21 .07.2014
Shri Arpan Pawar, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1954/06
21 .07.2014
Shri Vinod Tiwari, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Heard on the question of admission.
The applicant was convicted by the Chief Judicial
Magistrate, Balaghat under Section 354 of IPC and sentenced to
undergo four months R.I. with fine of Rs.1,000/-, against which
an appeal was preferred by the applicant which was also
dismissed by affirming the conviction and sentence, against
which this revision has been filed.
The revision is admitted for final hearing.
List the case for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1984/06
21 .07.2014
Shri KL. Prajapati, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for final hearing.
Learned counsel for the applicant submits that the brief of
this case has been misplaced from his Office, hence he could not
prepare himself to argue the matter and prays for short
adjournment.
Prayer is allowed with a direction that n the next date of
hearing the matter will be heard finally.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2172/06
21 .07.2014
Shri Lalji Kushwaha, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for admission and on consideration
of IA.No.12086/06 an application for stay.
Learned counsel for the applicant submits that he is not in
contact with the applicant, hence he is not aware regarding status
of the trial pending before Court below and he prays for two
weeks time to take instructions.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.843/14
18 .07.2014
Shri Sanjay Gupta, learned counsel for the applicant.
Shri RN. Yadav, P.L. for the respondent-State.
Case is listed today for admission and orders on
IA.No.8826/14 an application for stay.
Case diary is not available.
Learned panel lawyer is directed to keep present the case
diary on the next date of hearing.
Case be listed after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1163/14
18 .07.2014
Shri RS. Morya, learned counsel for the applicant.
None for the respondent.
Today the case is listed for admission.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.884/14
18 .07.2014
Shri RS. Mehndiratta, learned counsel for the applicant.
Shri RN. Yadav, learned P.L. for the respondent-State.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.
Learned panel lawyer is directed to keep present the case
diary on the next date of hearing.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1210/14
18 .07.2014
Shri Kamlesh Mishra, learned counsel for the applicant.
Today the case is listed for admission.
Let notice be issued to the respondents on payment of PF
within seven days by registered post as well as ordinary mode.
Notice be made returnable within six weeks.
Record of both the Courts below be called for.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.420/14
17 .07.2014
Shri SB. Shrivastava, learned counsel for the applicant.
None for the respondent.
The case is listed today for admission and orders on
IA.No.4360/14 an application for grant of stay.
Heard on the question of admission.
Admit.
Also heard on IA.No.4360/14 an application for staying the
operation of orders dated 10/02/14 and 23/12/13.
This revision has been filed against the order dated 10/02/14
& 23/12/13. Order dated 23/12/13 was passed by Judicial
Magistrate, I Class, Bhopal, by which applicant/revisionist is directed
to pay maintenance of Rs.10,000/- per month to his minor son Arjan,
against which an appeal was preferred in the Court of 10 th Additional
Sessions Judge and the same has been dismissed vide order dated
10/02/14, against which this revision has been filed. Vide order dated
13/03/14 applicant was directed to pay maintenance @ Rs.9,000/-
per month out of the impugned order till the next date of hearing.
In such premises and looking to the nature of case, I am not
inclined to stay the operation of impugned order dated 10/02/14
passed by the Appellate Court as well as the order dated 23/12/13
passed by the trial Court. But in view of the order dated 13/03/14
applicant is directed to pay maintenance of Rs.9,000/- per month till
disposal of this revision.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.632/14
17 .07.2014
Shri Sanjay Singh, learned counsel for the applicant.
Shri CK. Mishra, G.A. for the respondent-State.
The case is listed today for admission and orders on
IA.No.6503/14 an application for grant of stay.
Case diary is available.
Parties are heard on the question of admission.
Admit.
Also head on IA.No.6503/14.
Against the applicant charges under Section 376(1), 302 of
IPC, in alternate 306 of IPC and under Section 3(2)(v) of
Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act
has already been framed. During the course of argument, learned
counsel for the applicant submits that the impugned order has
been challenged only against framing of charge under Section
302 of IPC. The trial is going on. In such premises it would not
be proper to stay the proceedings of the trial Court. Accordingly,
the aforesaid application for staying the proceedings of trial
Court is hereby dismissed.
List the case for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1273/14
17 .07.2014
Shri Ashutosh Upadhyaya, learned counsel for the
applicant.
The case is listed today for orders on the maintainability of
petition and for amendment in the record on IA.No.9780/14.
Heard.
/ This application for amendment has been filed on the
ground that by mistake instant appeal has been filed under
Section 378 of Cr.P.C. instead of petition under Section 482
Cr.P.C.
An objection was raised by the Office to the effect that
under Section 378(ii) of Cr.P.C. this petition is not maintainable
and Miscellaneous Criminal Case should be filed.
On considering the averments made in the application, the
same is hereby allowed and appellant is directed to carryout
necessary amendment within a period of one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1270/14
17 .07.2014
Shri Ashutosh Upadhyaya, learned counsel for the
applicant.
The case is listed today for orders on the maintainability of
petition and for amendment in the record on IA.No.9781/14.
Heard.
This application for amendment has been filed on the
ground that by mistake instant appeal has been filed under
Section 378 of Cr.P.C. instead of petition under Section 482
Cr.P.C.
An objection was raised by the Office to the effect that
under Section 378(ii) of Cr.P.C. this petition is not maintainable
and Miscellaneous Criminal Case should be filed.
On considering the averments made in the application, the
same is hereby allowed and appellant is directed to carryout
necessary amendment within a period of one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1863/13
17 .07.2014
Shri Pramod Thakre, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for orders on IA.No.9078/14 an
application for early hearing.
Parties are heard on the aforesaid I.A.
Learned counsel for the applicant apprise to the Court that
vide order dated 19/12/13 the case was directed tobe listed for
final hearing in the month of February, 2014, but could not ripe
up for final hearing in the month of February, 2014.
Once the Court has ordered for final hearing, no need to
pass any further order on this application for early hearing.
Hence, application stands dismissed.
Let the matter be listed for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.178/14
17 .07.2014
Shri Neeraj Pathak, learned counsel for the applicant.
Smt. Devika Singh, learned counsel for the respondent.
The case is listed today for consideration of
IA.No.1931/14 an application for condonation of delay.
Learned counsel for the respondent prays for and is
granted two weeks time to file the reply of aforesaid I.A.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1271/14
17 .07.2014
Shri Ashutosh Upadhyay, learned counsel for the
appellant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for orders on the question of
maintainability of petition and for amendment in record on
IA.No.9783/14.
Vide order dated 10/07/14 the aforesaid I.A. has already
been allowed and the applicant's counsel was directed to
incorporate the amendment within a period of one week. It
appears that the matter has wrongly been listed for consideration
of IA.No.9783/14.
Counsel for the appellant is directed to carryout the
amendment within a period of one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1411/10
17 .07.2014
Shri KL. Prajapati, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
The case is listed today for further orders.
This appeal has already been admitted for final hearing
vide order dated 22/05/14, hence same be listed for final hearing
in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.486/14
17 .07.2014
Shri GS. Pandey, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent No.1-State.
None for respondent No.2.
Today the case is listed for orders on IA.no.4925/14 an
application for condonation of delay.
Let notice of IA.No.4925/14 be issued to the respondent
No.2 on payment of PF within seven days by registered post as
well as ordinary mode. Notice be made returnable within four
weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1213/02
17 .07.2014
Shri Alok Mishra, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case is listed today for admission and consideration of
application for stay.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1719/04
17 .07.2014
Shri Arvind Singh, learned counsel for the applicant.
Today the case is listed for admission.
Let notice be issued to the respondents on payment of PF
within one week by registered post as well as ordinary mode.
Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1194/05
17 .07.2014
Shri Alok Mishra, learned counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Case is listed today for admission and consideration of
IA.No.6642/05 an application for stay.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.999/09
16 .07.2014
None for the applicant, even in second round.
Shri Asutosh Tiwari, P.L. for the respondent-State.
Case is listed today for production of accused/appellant as
well as surety before the Court.
In compliance of order dated 12/05/14 bailable warrant for
a sum of Rs.25,000/- has been issued against the surety to secure
his presence before the Court on the next date of hearing and
fresh warrant of arrest was also directed tobe issued against the
appellant to secure his presence before this Court. In compliance
of order, the report has been received from Police Station
Mangalwara, Bhopal. According to the report warrantee Brijesh
Kumar Khamra, resident of Sultanpur Distt. Raisen is not traced
out. So far as surety Mohan S/o Laljiram is concerned, report
indicates that the Rin-Pustika on which the bail was furnished
was not issued by Tehsil Office Huzur. The information about
the voter card of Acchelal Kushwaha is not received from the
District Election Officer.
In view of the above let fresh perpetual warrant of arrest
be issued against the appellant to secure his presence before this
Court as per order dated 12/05/14 and also bailable warrant for a
sum of Rs.5,000/- be issued against the surety to secure his
presence before this Court on the next date of hearing.
List the matter on 18/11/14.

(Sushil Kumar Gupta, J)
as

Cr.R.No.2007/13
16 .07.2014
Shri H. Borani, counsel for the applicant.
Shri Asutosh Tiwari, P.L. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1588/11
16 .07.2014
Shri Manish Tiwari, learned counsel for the appellants.
Shri Asutosh Tiwari, P.L. for the respondent-State.
Learned counsel for the appellants submits that he tried his
best to trace out the status of appellant No.2, but he could not get
success, therefore, he prays for issuing the bailable warrant to
secure the presence of appellant No.2.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant No.2 before this Court on
20/08/14.
Case be listed on 20/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.967/08
16 .07.2014
None for the applicants, even in second round.
Shri Ashutosh Tiwari, P.L. for the respondent-State.
Today the case is listed for appearance of applicants.
In compliance of order dated 25/04/14 warrant of arrest
against applicants has been issued, but the same has not been
received back either served or unserved and report is still
awaited.
List the case immediately after receipt of report on the
warrant.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.315/09
16 .07.2014
None for the applicant, even in second round.
Shri Ashutosh Tiwari, P.L. for the respondent-State.
Today the case is listed for non-appearance of
appellant/accused on 27/06/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of applicant before this Court on 27/08/14.
Case be listed on 27/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1164/10
16 .07.2014
None for the applicant, even in second round.
Shri Ashutosh Tiwari, P.L. for the respondent-State.
Today the case is listed for appearance of appellant.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant before this Court on 27/08/14.
Case be listed on 27/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2153/10
16 .07.2014
None for the appellant, even in second round.
Shri Asutosh Tiwari, P.L. for the respondent-State.
In compliance of order dated 09/05/14 warrant of arrest
was issued against the appellant to secure his presence before
this Court and show cause notice was also issued to the surety.
Show cause notice issued to the surety has been received
served, but the surety is not present in person, hence his bail
bond stands forfeited. Registry is directed to take appropriate
action to recover the amount from the surety.
List the matter for appearance of appellant on 27/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1784/14
16 .07.2014
Shri SK. Tiwari, counsel for the appellant.
Shri Ashutosh Tiwari, P.L. for the respondent-State.
Today the case is listed for orders on non-compliance of
Registry order dated 04/07/14.
Learned counsel for the appellant prays for and is granted
two weeks time to comply the same.
List after two weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1132/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1149/04
16 .07.2014
None for the applicant, even in second round.
Shri Ashutosh Tiwari, P.L. for the respondent-State.
The case is listed today for admission, but the order-sheet
dated 29/08/05 indicates that according to the applicant he has
already served out two months and six days of jail sentence and
he was sent back with the same squad for undergoing the
remaining the remaining part of the jail sentence.
In such premises it appears that the petitioner has served
out the awarded jail sentence. To verify this fact, learned panel
lawyer is directed to call the report about the petitioner from the
concerned jail to the effect that whether the applicant is in jail or
has served out the awarded jail sentence.
List on 20/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1261/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1354/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1360/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List after three weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1384/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1435/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List after three weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1436/04
16 .07.2014
Shri Brijesh Pandey, counsel for the applicant.
Let fresh notice be issued to the respondent on payment of
PF within seven days by registered post as well as ordinary
mode. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1459/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for consideration of
IA.No.5015/14.
In absence of counsel for the parties, case is adjourned.
List in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1514/04
16 .07.2014
Shri SK. Gangrade, counsel for the applicant.
None for the respondents.
Learned counsel for the applicant prays for and is granted
four weeks time to argue the matter.
Prayer is allowed.
List after four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1610/04
16 .07.2014
None for the parties, even in second round.
Today the case is listed for admission.
In absence of counsel for the parties, case is adjourned.
List in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1640/04
16 .07.2014
Shri Madan Singh, counsel for the applicant.
Shri Asutosh Tiwari, P.L. for the respondent No.6-State.
Today the case is listed for admission.
Let notice be issued to the respondent Nos. 1 to 5 on the
question of admission on payment of PF within seven days by
registered post as well as ordinary mode. Notice be made
returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.636/01
14 .07.2014
Shri SK. Verma, counsel for the applicant No.4.
Shri Rakesh Singh, counsel for the remaining appellants.
Learned counsel for the petitioners pray for and is granted
two weeks time to file the reply of IA.No.611/09.
Prayer is allowed.
List after two weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2612/05
14 .07.2014
None for the appellant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for orders on PUC regarding death
of appellant Santu S/o Khadia Kachhi.
A report was called about the death of appellant, which has
been received from the Chief Judicial Magistrate, Chhatarpur.
According to the report appellant Santu has died on 18/04/13.
The report is supported with the death certificate of appellant
Santu.
In view of the above, I am satisfied that the appellant
Santu has died, hence this appeal stands abated.
Appeal is disposed of as abated.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1891/08
14 .07.2014
Ms. Premlata Lokhende, counsel for the applicant.
Learned counsel for the applicant prays for and is granted
one weeks' time to argue the matter.
Prayer is allowed.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1733/09
14 .07.2014
Shri Vikalp Soni, counsel for the appellants.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for non-appearance of appellant
No.2 on 09/04/14.
Learned counsel for the appellants undertakes to produce
the appellant No.2 on the next date of hearing.
Prayer is allowed.
Learned counsel for the appellants is directed to produce
the appellant No.2 on the next date of hearing positively.
List on 22/08/14.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1487/10
14 .07.2014
Shri Jagdish Singrol, counsel for the appellant.
Shri Sameer Chile, G.A. for the respondent-State.
Learned counsel for the appellant prays for and is granted
two weeks' time to argue the matter.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No. 342/11
14 .07.2014
Shri Nitin Saraf, counsel for the applicant.
Today the case is listed for further orders.
Let the matter be listed in due course.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.175/12
14 .07.2014
Shri DK. Pandey, counsel for the applicant.
Shri Sameer Chile, G.A. for the respondent-State.
Learned counsel for the applicant prays for and is granted
two weeks' time to argue the matter.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.655/13
14 .07.2014
Shri SP. Singh, counsel for the appellant.
Shri Sameer Chile, G.A. for the respondent-State.
Today the case is listed for non-appearance of appellant on
02/09/13.
Counsel for the appellant submits that the appellant stands
convicted for the offence punishable under Section 392 IPC and
sentenced to RI for two years and fine of Rs.500/- and in default
additional RI for one month. Learned counsel also submits that
the appellant has suffered and completed the jail sentence as
awarded by the trial Court.
Government Advocate is directed to call the report from
the concerned Jail about the appellant that whether he is serving
the jail sentence as awarded to him or not and whether he is in
custody in connection with this case or has been released after
serving jail sentence as awarded by the trial Court in connection
with this case.
List the case after receipt of report.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1349/13
14 .07.2014
Shri Deependra Mishra, counsel for the appellant No.1.
Shri Sameer Chile, G.A. for the respondent-State.
Learned counsel for the appellant prays for and is granted
one weeks' time to argue the matter.
Prayer is allowed.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1068/14
11 .07.2014
Shri RS. Parihar, counsel for the applicant.
Shri VK. Pandey, P.L. for the respondent-State.
Heard on IA.No.13037/14 an application for modification
in the order dated 25/06/14.
Learned counsel for the applicant submits that
inadvertently in the order dated 25/06/2014 the date of
appearance of the applicant before the Registry has been
mentioned as 09/02/2014, which ought to have been 09/02/2015
as 09/02/2014 has passed away.
After going through the order dated 25/06/2014 it appears
that the mistake is apparent on the face of record, hence the
application is allowed and in the order dated 25/06/2014 the date
mentioned for appearance of the applicant as 09/02/2014 be read
as 09/02/2015. Applicant is directed to appear before the
Registry on 09/02/2015 and on such other dates as may be fixed
by the Registry in this regard.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1857/14
11 .07.2014
Shri Madan Singh, counsel for the appellant.
Shri VK. Jain, counsel for the respondents.
Learned counsel for the appellant prays for and is granted
two days time to argue the matter.
Prayer is allowed.
Case is adjourned.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.908/05
11 .07.2014
Shri GS. Ahluwalia, counsel for the applicant.
Shri VK. Jain, counsel for the respondents.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
Prayer is allowed.
Case is adjourned.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.194/2000
11 .07.2014
None for the appellant, even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 12/05/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant before this Court on 26/08/14.
Case be listed on 26/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1496/2006
11 .07.2014
None for the appellants, even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant No.4 on 07/05/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant No.4 before this Court on
26/08/14.
Case be listed on 26/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1503/11
11 .07.2014
None for the appellant, even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 21/04/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant before this Court on 27/08/14.
Case be listed on 27/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1662/11
11 .07.2014
None for the appellant, even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 12/05/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant before this Court on 28/08/14.
Case be listed on 28/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2439/12
11 .07.2014
None for the parties.
As per office report notices issued to the respondents has
not been received either served or unserved.
List the case after service of notice.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1350/14
11 .07.2014
None for the applicant, even in second round.
Shri VK. Singh, P.L. for the respondent-State.
Case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.250/06
11 .07.2014
None for the parties even in second round.
Let fresh notice be issued to the respondents on payment
of PF within seven days. Notice be made returnable within six
weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.462/06
11 .07.2014
Shri Rajneesh Jain, counsel for the applicant.
Shri VK. Pandey, P.L. for the respondent No.2.-State.
It would be proper to perused the record of the Court
below before hearing on the question of admission.
Let record of both the Courts below be called for.
In the meantime on payment of fresh process fee within
one week notice be issued to the respondent No.1 by registered
post. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.467/06
11 .07.2014
Shri Pawan Gurjar, counsel for the applicant.
Shri VK. Jain, counsel for the respondents.
Learned counsel for the applicant prays for and is granted
two weeks time to argue the matter.
Prayer is allowed.
Case is adjourned.
(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.481/06
11 .07.2014
Shri Amit Verma, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on the question of admission.
The record of Courts below has been received.
Appellant accused was convicted by JMFC, Bhopal under
Section 420 read with Section 511 of IPC and sentenced to
undergo six months, against which appellant preferred appeal
before the Sessions Court and the II Additional Sessions Judge,
confirmed the conviction and sentence passed by the Trial Court
and dismissed the appeal. Against the impugned order this
revision has been preferred by the appellant/accused.
Having heard learned counsel for the parties and after
perusal of record of the Court below, appeal appears to be
arguable. Accordingly the same is admitted for final hearing.
List for final hearing.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.425/14
11 .07.2014
Shri Nitin Kumar Agrawal, counsel for the applicant.
Shri Rajesh Maindiretta, counsel for the respondents.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.492/14
11 .07.2014
Shri Pradeep Kumar Naveria, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is available.
Heard on the question of admission.
Admit.
List for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.495/14
11 .07.2014
Shri Sandeep Awasthi, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Counsel for the applicant prays for short adjournment on
the ground that the arguing counsel is busy in other Court.
Prayer is allowed.
List after four weeks alongwith Cr.R.No.500/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.498/14
11 .07.2014
Shri NK. Agrawal, counsel for the applicant.
Shri SK. Soni, counsel for the respondent.
Learned counsel for the parties informed that respondent
has also filed the M.Cr.C.No.2459/14 under Section 482 Cr.P.C.
which is pending.
Let the matter be listed for analogous hearing alongwith
M.Cr.C.No.2459/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.614/14
11 .07.2014
Shri Madan Singh, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is not available.
State is directed to made available the case diary on the
next date of hearing positively.
Case be listed under the same head in the week
commencing 11/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.635/14
11 .07.2014
Shri Madan Singh, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is available.
Learned counsel for the applicant prays for and is granted
one week time to argue the matter.
Prayer is allowed.
Case is adjourend.
(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.658/14
11 .07.2014
Shri Amit Verma, counsel for the appellant.
Record of the trial Court is available.
Let notice be issued to the respondents on payment of PF
within one week by ordinary as well as by registered post. Notice
be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.697/14
11 .07.2014
Shri Shailendra Singh, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
During course of argument on admission, on some queries
learned counsel for the applicant prays for time to argue the
matter.
Prayer is allowed.
Case is adjourned. List in due course.
(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.792/14
11 .07.2014
Shri Vijay Chandra Rai, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is not available.
State is directed to call for the case diary positively on the
next date of hearing.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.217/06
11 .07.2014
Shri RD. Hundikar, counsel for the applicant.
Today the case is listed for admission.
Let fresh notice be issued to the respondent against
admission on payment of PF within even days. Notice be made
returnable within six weeks. In the meanwhile record of case
No.226/B-121/01-02 from the District Controller, Jabalpur be
called for.
Case be listed in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.289/06
11 .07.2014
Shri Jai Singh Rajput, counsel for the applicant.
Today the case is listed for admission.
Learned counsel informed that the matter has been settled
between the parties in compromise and they are living together in
one house, therefore, he wants to withdraw the petition.
Accordingly the petition is hereby dismissed as
withdrawn.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.437/06
11 .07.2014
Shri Shailendra Dwivedi, counsel for the applicant.
Shri VK. Pandey, P.L. for the respondent-State.
Heard on the question of admission.
The applicant was convicted and sentenced under Section
304-A of IPC by II Additional Sessions Judge, Sidhi in Cr.A.
No.5/06 vide judgment dated 08/03/06 and sentenced to undergo
six months RI. Applicant has already been granted the benefit of
suspension of sentence and grant of bail and he is on bail.
In view of the above petition appeared tobe arguable.
Accordingly, the revision is admitted for final hearing.
List the matter in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.453/06
11 .07.2014
Shri AD. Mishra, counsel for the applicant.
Shri VK. Pandey, P.L. for the respondent No.1-State.
Today the case is listed for admission.
Notices issued to the respondent No.2 has been received
unserved.
Let fresh notices be issued to the respondent No.2 on
payment of PF within seven days. Notices be made returnable
within four weeks. List the case in the week commencing from
25/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.537/06
11 .07.2014
Shri Nitin Saraf, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for further orders on the report
received from District Jail, Khandwa.
After going through the report learned panel lawyer
submits that the report is not clear and he wants to clarify the fact
again from the District Jail, Khandwa regarding applicant's jail
sentence.
Prayer is allowed and learned panel lawyer is directed to
call the report from District Jail, Khandwa regarding applicant's
sentence whether he has served the jail sentence which has been
awarded to him and released from the jail.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1335/13
10 .07.2014
None for the parties even in second round.
Case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1865/13
10 .07.2014
Shri Manish Awasthi, counsel for the applicant.
Shri M. Firoz, counsel for the respondent.
Heard on IA.No.6708/14.
This application has been filed for filing of Annexure
NA.1 an application under Section 125 Cr.P.C. and Annexure
NA.2 reply of application under Section 125 Cr.P.C.
Learned counsel for the applicant does not opposes the
application, hence the application is allowed and documents are
taken on record.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1899/13
10 .07.2014
None for the applicant, even in second round.
Today the case is listed for consideration of
IA.No.23744/13 an application for condonation of delay.
Let notice of aforesaid I.A. be issued to the respondent on
payment of P.F. within seven days. Notice be made returnable
within six weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1986/13
10 .07.2014
None for the appellant, even in second round.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed in default of filing of application
for condonation of delay.
Earlier also time was granted to remove the default. Today
also counsel for the appellant is not present.
As a last opportunity further two weeks time is granted to
remove the default.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.2487/13
10 .07.2014
None for the applicant, even in second round.
Notices issued to the respondent has been received back
unserved.
On payment of fresh process fee within a period of seven
days notice be issued to the respondent by registered post as well
as ordinary mode. Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2839/13
10 .07.2014
None for the appellant, even in second round.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed in default of signature of appellant
on power.
On 12/05/14 also none was present on behalf of appellant
and it was directed that if default is not removed within the
stipulated period, then the appellant be called from the concerned
jail with the help of a production warrant, so that it may be made
clear that who will prosecute the present appeal on behalf of the
appellant and in that case, office will fix a date for appearance of
the appellant and production warrant shall be issued accordingly.
Unfortunately today also none is present on behalf of
appellant. In this premises Office is directed to comply with the
order dated 12/05/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2989/13
10 .07.2014
None for the appellant, even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2999/13
10 .07.2014
None for the appellant, even in second round.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 22/04/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant before this Court on 22/08/14.
Case be listed on 22/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.170/14
10 .07.2014
None for the applicant, even in second round.
Case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.218/14
10 .07.2014
Shri RB. Gautam, learned counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for orders on the application for
condonation of delay.
Learned counsel for the appellant prays for and is granted
two weeks time to argue the matter.
Prayer is allowed.
List after two weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.237/14
10 .07.2014
None for the appellant, even in second round.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for non-compliance of order dated
07/02/14.
Further two weeks time is granted to comply with the
order dated 07/02/14. If the order is not complied with within the
stipulated time, then the stay order dated 07/02/14 shall be
deemed vacated and case be listed for further orders after two
weeks.
(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.340/14
10 .07.2014
None for the appellant, even in second round.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case is adjourned.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.417/14
10 .07.2014
Shri P. Dubey, counsel for the applicant.
Notices sent to the respondent has not been received back
either served or unserved.
List the case after service of notice.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.755/14
10 .07.2014
Shri Atul Upadhyay, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for consideration of
IA.No.7903/14 an application for grant of stay.
Learned counsel for the state is directed to file reply of the
aforesaid application within a period of four weeks.
List thereafter.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1005/14
10 .07.2014
Shri RK. Tiwari, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.9395/14 an application for condonation of
delay in filing the appeal.
The delay in filing the appeal is 30 days. Appellants are in
jail and the case of the appellant's has been allotted to the learned
counsel through Legal Aid.
Keeping in view the aforesaid, the application for
condonation of delay is allowed and delay in filing the appeal is
condoned.
Heard on the question of admission.
Admit.
List for final hearing.

(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.8749/14
10 .07.2014
Shri V. Jain, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
As prayed by learned counsel for the applicant, list in the
next week.
(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.8447/14
10 .07.2014
Shri D.Chandramani, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is not available.
Counsel for the State is directed to make available the case
diary on the next date of hearing.
List on 14/07/14.
(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.8801/14
10 .07.2014
Shri PK. Saxena, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is not available.
Counsel for the State is directed to make available the case
diary on the next date of hearing.
List in the next week.
(Sushil Kumar Gupta)
JUDGE
as

M.Cr.C.No.9123/14
10 .07.2014
Shri JA. Shah, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case diary is not available.
Counsel for the State is directed to make available the case
diary on the next date of hearing.
List in the next week.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1332/13
10 .07.2014
Shri Deepak Raghuvanshi, counsel for the applicant.
None for the respondents, though served.
Notices on IA.No.16516/13 an application for condonation
of delay has been issued to the respondents, but despite service
none appeared.
Heard on IA.No.16516/13.
The revision is filed barred by 72 days. The reasons stated
in the application for causing the delay in filing the revision
petition has sufficiently been explained. The application is also
supported by an affidavit of the applicant. Accordingly the
application for condonation of delay is hereby allowed and delay
in filing the revision is condoned.
Also heard on the question of admission.
Admit.
Let notice be issued to the respondents on payment of PF
within seven days by registered post as well as ordinary mode.
Notice be made returnable within six weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1335/13
10 .07.2014
Shri Rahul Gupta, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Learned counsel for the appellant undertakes to produce
the appellant on the next date of hearing.
Prayer is allowed.
Learned counsel for the appellant is directed to produce
the appellant on the next date of hearing positively.
List on 11/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1386/13
10 .07.2014
Shri Neeraj Ashar, P.L. for the appellant-State.
Heard on IA.No.15702/13 an application for condonation
of delay.
Let notice of IA.No.15702/13 be issued to the respondents
on payment of PF within seven days by registered post as well as
ordinary mode. Notice be made returnable within four weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1474/13
10 .07.2014
Shri R. Parashar, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.8629/14 an application for permanent
exemption from personal appearance before the Court.
The reason stated in the application for permanent
exemption from personal appearance is that the appellants are
poor person and cannot afford to travel to Jabalpur for their
personal appearance before this Court on 29/10/14 and on further
dates, hence they be allowed to appear before the C.J.M. Satna.
On due consideration, the application is allowed and
appellants are exempted from personal appearance before the
Registry of this Court. The appellants are directed to appear
before the CJM, Satna firstly on 29/10/14 and on such other
dates as may be fixed by that Court in this regard. It will be the
duty of appellants to produce the certified copy of this order
before the CJM, Satna on or before 29/10/14. CJM, Satna is also
directed to ensure the presence of appellants regularly on the
dates which are fixed for their appearance. CJM, Satna is further
directed to submit the report for non-appearance of the appellants
to this Court. Office is directed to send the copy of this order to
the CJM, Satna for compliance.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1484/13
10 .07.2014
Shri Abhijit C. Thakur, counsel for the appellant.
None for respondent No.1.
Shri Alok Mishra, counsel for the respondent No.2.
Today the case is listed for consideration of
IA.No.14685/13 an application for condonation of delay.
Learned counsel for respondent No.2 submits that he did
not receive the copy of aforesaid IA.
Counsel for the appellant is directed to supply copy of
aforesaid application to the counsel for respondent No.2 during
course of the day.
List the matter in the week commencing 28/07/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1325/13
09 .07.2014
Shri BJ. Chourasiya, counsel for the appellant.
Shri VK. Pandey, P.L. for the respondent-State.
Appellant is present in person. He is identified by his
counsel.
Heard on IA.No.9266/14 an application for condonation of
non-appearance of appellant on 07/02/14.
The reasons stated in the application for non-appearance of
appellant on 07/02/14 appears tobe bonafide, hence application is
allowed and non-appearance of appellant on 07/02/14 is
condoned.
Now the appellant is directed to appear before the Registry
of this Court on 18/11/14 and on such other dates as may be
fixed in this regard.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.518/13
09 .07.2014
None for the applicant.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for non-compliance of order dated
15/05/14.
As a last opportunity the counsel for the applicant is
directed to comply with the order dated 15/05/14 within a period
of seven days.
Case be listed after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.530/13
09 .07.2014
Shri Yogendra Gautam, counsel for the applicant.
Today the case is listed in default of payment of P.F.
Learned counsel for the applicant undertakes to pay P.F.
within three days.
Registry is directed to issue notice in compliance of order
dated 21/02/14.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.548/13
09 .07.2014
Shri Manish Tiwari, counsel for the appellants.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellants on 19/03/14.
Learned counsel for the appellants undertakes to produce
the appellants on the next date of hearing and also prays time to
file appropriate application for condonation of non-appearance
on the said date.
Learned counsel for the appellants is directed to produce
the appellants on the next date of hearing and also file an
application for cononation of non-appearance on the said dte.
Let the matter be listed on 12/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.554/13
09 .07.2014
Shri Prakash Gupta, counsel for the appellant.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 05/03/14.
Learned counsel for the appellant submits that in
compliance of order dated 22/11/13 appellant did not furnish the
bail, hence he is in jail.
List the matter in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.91/07
09 .07.2014
None for the appellant even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on PUC regarding death
of appellant Sabba @ Sahablal.
In compliance of issuance of bailable warrant of
Rs.10,000/-, report of Police Station Bankhedi, District
Hosangabad has been received with the death certificate of
appellant. Report indicates that the warrantee Sabba @ Sahablal
has died on 08/12/13.
In view of the above, I am satisfied that the appellant has
died, hence this appeal stands abated.
Appeal is disposed of as abated.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.3392/99
09 .07.2014
None for the appellants even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on notice report of
appellant No.2.
Notice sent to appellant No.2 for appearance has received
unserved with a report that the appellant No.2 Raju has died
before three years.
State is directed to submit the report about the death of
appellant No.2 with verification report till next date of hearing.
List the case after receipt of report.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.707/01
09 .07.2014
None for the applicant even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 15/05/14.
Let bailable warrant for a sum of Rs.5,000/- be issued to
secure the presence of appellant before this Court for a date tobe
fixed by the Office.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.393/02
09 .07.2014
None for the appellant even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Case is adjourned.
(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.103/07
09 .07.2014
None for the applicant even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
In compliance of order dted 25/03/14 SPC has been issued
for appearance of applicant before this Court, but the report has
not been received till so far.
List the matter after receipt of report.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.515/07
09 .07.2014
None for the applicant even in second round.
Shri VK. Pandey, P.L. for the respondent No.1-State.
None for respondent No.2.
None is present on behalf of respondent No.2 to oppose
the IA.No.830/13 which is an application for issuance of ad-
interim direction.
Case is adjourned in the absence of counsel for respondent
no.2.
In the meanwhile interim stay shall continue till next date
of hearing.
Certified copy as per rules.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.714/07
09 .07.2014
None for the appellants even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
accused appellant No.2 Deepak Sen on 27/11/13 and on
IA.No.26254/13 an application for condonation of non-
appearance of accused appellant No.2 on the said date.
In absence of counsel for appellants the case is adjourned.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2317/07
09 .07.2014
Shri AS. Parihar, counsel for the applicants.
Shri VK. Pandey, P.L. for the respondent-State.
In compliance of order dated 13/08/10 name of applicant
No.2 has not been deleted from the array of cause title.
Now learned counsel for the applicants is directed to delete
the name of applicant no.2 from the array of cause title within
three days.
So far as applicant No.1 is concerned, learned counsel for
the applicants prays for and undertakes to produce the appellant
No.1 present on the next date of hearing.
Prayer is allowed.
Learned counsel for the applicants is directed to produce
the applicant No.1 on the next date of hearing positively.
List on 20/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.169/08
09 .07.2014
None for the appellant even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellant on 04/04/14.
Let bailable warrant for a sum of Rs.10,000/- be issued
against the appellant to secure his presence before this Court for
a date to be fixed by the Office in the month of September.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.189/08
09 .07.2014
None for the applicant even in second round.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed in default of deficit Court fee
worth Rs.5/- on revision and to correct father's name of
applicant.
The case was listed to remove the default on 02/02/08, but
till now the default has not been cured.
As a matter of last indulgence time is granted to the
applicant to remove the default within a period of two months,
failing which the revision shall stand dismissed automatically
without further reference to the Bench.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.432/08
09 .07.2014
None for the applicant even in second round.
None for respondent No.1.
Shri VK. Pandey, P.L. for the respondent No.2-State.
In compliance of order dated 05/05/08 the default pointed
out by the office has not been removed till now. Even today no
one is present on behalf of applicant to remove the default.
As a matter of last indulgence time is granted to the
applicant to remove the default within a period of two months,
failing which the revision shall stand dismiss automatically
without further reference to the Bench.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.403/12
09 .07.2014
Shri Brijesh Mishra, counsel for the applicant.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on IA.No.11627/14 an
application for change of counsel.
The application is not supported by the affidavit of the
applicant. Counsel for the applicant is directed to file the
affidavit of applicant on the next date of hearing.
List on 30/07/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2602/10
09 .07.2014
Shri Amit Jain, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for orders on non-appearance of
appellants on 06/05/14.
Learned counsel for appellants undertakes to produce the
appellants on the next date of hearing.
Prayer is allowed.
Counsel for appellants is directed to produce the appellants
on the next date of hearing.
List on 31/07/14.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.141/11
09 .07.2014
Shri Durgesh Singore, counsel for the applicant.
Shri Sajidulla Khan, counsel for the respondent.
Heard on IA.No.8053/14 an application for early hearing.
As both the parties are agreed for final hearing, the
application is allowed.
List the case for final hearing at motion hearing stage on
01/08/14.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.507/11
09 .07.2014
Shri MK. Tripathi, counsel for the applicants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.21672/13 an application for permanent
exemption from personal appearance.
The reason stated in the application for permanent exemption
from personal appearance is that the applicants belong to poor
family and are resident of a remote village of District Rewa and the
distance between their residence place to the Hon'ble High Court is
too long and they are not able to bear the expenses for every
appearance before the Registry.
On due consideration, the application is allowed and
applicants are exempted from personal appearance before the
Registry of this Court. The applicants are directed to appear before
the Trial Court firstly on 11/08/14 and on such other dates as may be
fixed by that Court in this regard. It will be the duty of appellants to
produce the certified copy of this order before the Trial Court on or
before 11/08/14. Trial Court is also directed to ensure the presence
of applicants regularly on the dates which are fixed for their
appearance. Trial Court is further directed to submit the report for
non-appearance of the applicants to this Court. Office is directed to
send the copy of this order to the Trial Court for compliance.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1185/11
09 .07.2014
Shri Neeraj Ashar, P.L. for the appellant-State.
Shri Sanjay Patel, counsel for respondent No.1.
Today the case is listed for non-appearance of respondent
No.1 Ramkumar on 19/06/14.
Learned counsel for respondent No.1 undertakes to
produce the respondent No.1 on the next date of hearing.
Prayer is allowed.
Counsel for respondent No.1 is directed to produce the
respondent No.1 on the next date of hearing.
List on 19/08/14.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1248/11
09 .07.2014
Shri MK. Tripathi, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.9044/14 an application for final hearing at
motion hearing stage.
Keeping in view the present roster system and looking to
the pendency of old appeals, I am not inclined to allow this
application at this stage, hence the application is dismissed.
Be listed for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1315/11
09 .07.2014
Shri OP. Bagri, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for non-appearance of
appellant/accused on 15/04/14.
Learned counsel for appellant prays for and undertakes to
produce the appellant on the next date of hearing.
Prayer is allowed.
List the case under the same head on 25/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1485/11
09 .07.2014
Shri Manish Kumar Jain, counsel for the appellant.
Shri VK. Pandey, P.L. for the respondent-State.
Heard on IA.No.11353/14 an application for change of
counsel.
The reasons stated in the application for change of counsel is
that the appellant is in jail and he was a poor man and due to this
reason he could not appoint a private counsel, therefore, instant
appeal has been filed through legal service aid and same is
prosecuted by Smt. Saroj Dhariya, advocate. It is further stated in the
application that now the financial position of the appellant's family
become strong, therefore, appellant want to appoint a private
counsel namely Manish Kumar Jain and his Associates.
The present counsel Shri Manish Kumar Jain submits that the
appellant's family member contacted him to prosecute this appeal.
Keeping in view the averments made in the application and
also it is the choice of the appellant/accused to engage the counsel
to prosecute the appeal properly, the application is allowed and
present counsel Shri Manish Kumar Jain and his Associates are
permitted to prosecute the appeal in future.
List the case for final hearing in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2135/99
09 .07.2014
Shri SN. Tiwari, learend counsel for the appellants.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on IA.No.12603/14 an
application for deleting the name of appellant No.2 Girani Lal as
he has died.
Learned P.L. submits that he is not in receipt of copy of
application and annexed death certificate to verify the fact.
Learned counsel for the appellants is directed to supply the
copy of application alongwith death certificate to the counsel for
the State to verify the factum of death of appellant No.2 Girani
Lal. Learned P.L. is directed to submit the report positively on
the next date of hearing.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1091/07
09 .07.2014
Shri VR. Jumde, learned counsel for the applicant.
Shri VK. Pandey, P.L. for the respondent-State.
Today the case is listed for orders on IA.No.3630/09 an
application for compromise between the parties, but both the
parties are not present today.
Learned counsel for the applicant undertakes to produce
the applicant/accused on the next date of hearing.
List the case in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2076/07
09 .07.2014
Shri SK. Pandey, learned counsel for the applicant.
Learned counsel for the applicant has not complied with
the order dated 14/05/08, hence he is directed to comply with the
order dated 14/05/08 within a period of seven days positively.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.419/14
09 .07.2014
Shri AP. Singh, learned counsel for the applicants.
Today the case is listed for orders on IA.No.4227/14 an
application for grant of stay.
Learned counsel for the applicants submits that in
compliance of order dated 09/05/14 he has filed the process fee
on 13/05/14, but the notice has not been issued by the Registry. It
is submitted that because of lapses on the part of Registry notices
could not be issued, therefore, he prays for consideration of
IA.No.4227/14.
Prayer is allowed.
Heard on IA.No.4227/14 which is an application for grant
of stay.
It would not be proper to grant final stay till disposal of
this revision, but looking to the matter and keeping in view that
the process fee has already been paid by the applicants and
notice has not been issued due to lapse on the part of Registry, it
is directed that till the next date of hearing both the parties shall
maintain status quo in respect to the suit property.
Registry is directed to comply with the order dated
09/05/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2110/07
09 .07.2014
Shri G.S. Rajput, learned counsel for the appellant.
Shri VK. Pandey, P.L. for the respondent-State.
As prayed by the learned counsel for the appellant case be
listed on 18/07/13 for appearance of the accused/appellant.

(Sushil Kumar Gupta)
JUDGE
as
04 .07.2014
None for the parties.
Case is adjourned.
List on 18/07/14.

(Sushil Kumar Gupta)
JUDGE

Cr.A.No.569/13
04 .07.2014
Appellants present in person.
None for the respondent-State.
Today the case is listed for presence of appellants/accused.
Vide order dated 15/05/14 warrant of arrest was issued
against the appellants to secure their presence before this Court.
Appellants who are present in Court submit that, for their
non-appearance on 22/11/13 and for recalling of the order dated
15/05/14, applications have been filed, which are marked as
IA.Nos.12936/14 & 12942/14.
Having heard the appellants in person and after due
consideration of aforesaid applications, the reasons mentioned in
the applications for non-appearance before this Court on
22/11/13 appears to be bona fide, therefore, applications are
allowed and absence of appellants on 22/11/13 is condoned and
the order of issuing the warrant of arrest is recalled. Now the
appellants are directed to appear before the Registry of this Court
on 10/11/14 and on such other dates as may be fixed by the
Office in this regard.
(Sushil Kumar Gupta)
JUDGE
as
04 .07.2014
None for the parties.
Case is adjourned.
List on 18/07/14.

(Sushil Kumar Gupta)
JUDGE
Cr.A.No.1289/13
04 .07.2014
None for the parties as today the advocates are abstained
from Court work.

Appellant Moti Singh @ Motilal has been produced in
custody from Sub-Jail, Harda by Mohan Awasiya (Constable
No.39) in compliance of order dated 06/05/14 in execution of
bailable warrant of Rs.20,000/-.

Appellant submits that he had gone out of station to earn
his livelihood, therefore, he could not appear before the Court.

Looking to the non-appearance for one date, it would be
proper to release the appellant Moti Singh @ Motilal from the
custody. Hence appellant Moti Singh @ Motilal be released from
the custody forthwith with a direction to appear before the
Registry of this Court firstly on 21/07/14 and on such other dates
as may be fixed by the Office in this regard.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1884/13
04 .07.2014
None for the parties as today the advocates are abstained
from Court work.

Applicant No.1 Virendra has been produced in custody
from Central Jail, Sagar by K.P. Sharma (A.S.I.) in compliance
of order dated 06/05/14 in execution of bailable warrant of
Rs.20,000/-.

Applicant No.1 submits that he has already served the
awarded jail sentence, therefore, he did not appear before the
Court. Today there is no such record before the Court to show
that the awarded jail sentence has already been executed and
served by the applicant No.1 Virendra, but looking to the non-
appearance for one date, it would be proper to release him from
the custody. Hence applicant No.1 Virendra be released from the
custody forthwith with a direction to appear before the Registry
of this Court firstly on 21/07/14 and on such other dates as may
be fixed by the Office in this regard.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2146/98
03 .07.2014
Shri Narendra Nikhare, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for consideration of IA.No.645/13
which is an application for change of counsel.
Heard on IA.No.645/13, which is supported by the
affidavit of appellant Rajesh Yadav.
Counsel for the appellant Shri Narendr Nikhare submits
that previously engaged counsel Shri Pramod Verma and Smt.
Mala Verma have been shifted to Chhatisgarh and, therefore,
appellant engaged him.
After due consideration IA.No.645/13 is allowed and Shri
Narendra Nikhare, advocate is permitted to prosecute the appeal
on behalf of appellant.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1935/11
03 .07.2014
None for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
In compliance of order dated 13/05/14 report called from
the concerned jail has been received, which indicates that the
applicant/accused Butan Patel W/o Vishwanath Patel has been
released from the Central Jail, Rewa after serving the awarded
jail sentence of six months on 10/03/12.
This appeal has been filed by the appellant/accused against
conviction and sentence passed by the Trial Court under Section
326 of IPC and awarded jail sentence has already been served by
the applicant/accused. No one is appearing on behalf of
appellant/accused since 17/09/12.
In such premises the revision has become infructous.
Hence, the same stands dismissed as become infructous.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2269/98
03 .07.2014
None for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Case is listed for appearance of appellant No.1.
In compliance of order dated 07/05/14 show cause notice
has not been issued against appellant No.1. Office is directed to
comply with the order dated 07/05/14. Case be listed for
appearance of appellant No.1 on 08/09/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1129/01
03 .07.2014
Shri S. Paliwal, counsel for the applicants.
Shri Neeraj Ashar, P.L. for the respondent-State.
In compliance of order dated 07/05/14 warrant of arrest
against applicant No.2 has been issued, but the same has not
been received back either served or unserved and report is still
awaited.
List the case on 27/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1555/07
03 .07.2014
None for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for non-appearance of
accused/appellant on 22/08/13.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant to secure his presence before this Court on
28/08/14.
List on 28/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.236/2000
03 .07.2014
Shri Narendra Nikhare, counsel for the applicant.
None for the respondent.
Office is directed to comply with the order dated 01/04/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2639/11
03 .07.2014
Shri MK. Tripathi, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Appellants are not present.
Counsel for the appellants submits that he does not know
the whereabouts of the appellant No.1 and even he is not in his
contact, therefore, he cannot say that why appellant No.1 is not
appeared today.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant No.1 to secure his presence on 28/08/14.
So far as appellant No.2 is concerned, counsel for the
appellants submits that he is in jail, but he does not know in
which crime and in which jail he is detained.
Counsel for the appellants is directed to submit the
information about the appellant No.2 that in which jail and in
which crime he is detained, so the production warrant may be
issued.
So far as appellant Nos. 3 & 4 are concerned, counsel for
the appellants prays for time to produce them before this Court.
Prayer is allowed.
List the case on 28/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1669/12
03 .07.2014
None for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Bailable warrant of Rs.5,000/- issued against the appellant
for appearance is still awaited.
Case is adjourned.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2146/13
03 .07.2014
None for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Vide order dated 07/05/14 report was called from Sub-jail,
Burhar, Distt. Shahdol, but the same is still awaited.
List the case under the same head on 19/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.935/10
03 .07.2014
None for the appellant even in second round.
Shri Neeraj Ashar, P.L. for the respondent-State.
In compliance of order dated 07/05/14 warrant of arrest
has been issued against the appellant and in compliance report
from Police Station, Gwarighat, Jabalpur has been received,
which indicates that the warrantee Chandrabhan Choudhary has
expired on 05/06/14 and this report is supported by true copy of
death certificate of Chandrabhan Choudhary.
In such premises this appeal has become infructous.
Hence, the same stands dismissed as become infructous.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1776/11
03 .07.2014
Shri Narendra Nikhare, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Appellants are not present today.
Counsel for the appellants submits that he is not in contact
with the appellants.
Let bailable warrant for a sum of Rs.10,000/- each be
issued against the appellants to secure their presence before this
Court on 25/08/14.
List the case on 25/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1063/13
03 .07.2014
Shri LP. Singh, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Appellant is also present in person. He is identified by his
counsel. His presence be marked.
Counsel for the appellant submits that he has filed an
application for condonation of non-appearance of appellant on
20/03/14, but the same is not on record. Counsel for the appellant
produced the copy of that application before the Court, which is
marked as I.A.No.12853/14. Office is directed to trace the same
and place it on record.
Heard on IA.No.12853/14.
The everments made in the application for non-appearance
of the appellant on 20/03/14 appears tobe bonafide, hence the
same is allowed and non-appearance of appellant on 20/03/14 is
condoned.
Now the appellant is directed to remain present before the
Registry on 08/09/14 and on such other dates as may be fixed in
this regard.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1912/96
03 .07.2014
None for appellant No.1.
Shri Amit Verma, counsel for appellant Nos. 2 & 3.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for consideration of
IA.No.18799/12 an application seeking change of counsel.
This IA.No.18799/12 has been filed by Shri Mahendra
Choubey, advocate on behalf of appellant No.1 for change of
counsel. Previously engaged counsel Shri Amit Verma after
going through the application pleaded no objection to change the
counsel on behalf of appellant No.1. The application is supported
by an affidavit of appellant No.1.
After due consideration application is allowed and Shri
Mahendra Choubey and other counsels whose names are
mentioned in the application are permitted to prosecute the
appeal on behalf of appellant No.1.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1758/97
03 .07.2014
Shri Vikas Tiwari, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for non-appearance of
accused/appellant on 27/08/12.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the appellant to secure his presence before the Court on
26/08/14.
List the case on 26/08/14 for appearance of appellant.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2035/97
03 .07.2014
Shri Neeraj Ashar, P.L. for the appellant-State.
Shri SK. Gangrade, counsel for respondents.
Today the case is listed for orders on the report submitted
by the State regarding death of respondent No.1 Khlandaram S/o
Khemchand Bhagalpuri.
Report has been received and placed on record, which
reveals that respondent No.1 Khlandaram has died on 11/05/06
and in support of the report death certificate of respondent No.1
Khlandaram is attached.
Because of death of respondent No.1 this appeal has been
abated so far as it relates to respondent No.1 Khlandaram S/o
Khemchand Bhagalpuri.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2075/97
03 .07.2014
Shri Neeraj Ashar, P.L. for the appellant-State.
None for the respondents.
Today the case is listed for non-appearance of
accused/respondent Nos. 2 & 3 on 28/09/11.
Let bailable warrant for a sum of Rs.5,000/- each be issued
against the respondent Nos. 2 & 3 to secure their presence before
the Court.
List the case on 21/08/14 for appearance of respondent
Nos. 2 & 3.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2401/97
03 .07.2014
Shri Kamlesh Mishra, counsel for the appellant No.2.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for non-appearance of
accused/appellant No.2 Rukmani Bai on 02/09/13.
Counsel for the appellant No.2 prays for time and
undertakes to produce the appellant No.2 before the Court on the
next date of hearing.
Prayer is allowed.
List the case on 04/08/14 for appearance of appellant No.2.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1442/98
03 .07.2014
Shri Ritwik Parashar, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed on PUD regarding absence of
appellant Nos. 1 to 5 before the Trial Court on 19/12/13 and
15/04/14.
Learned counsel for the appellants prays for time and
undertakes to produce the appellant Nos. 1 to 5 before this Court
on the next date of hearing.
Prayer is allowed.
Counsel for the appellants is directed to produce the
appellant Nos. 1 to 5 before this Court on 12/08/14.
Case be listed on 12/08/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.88/12
02 .07.2014
Shri Umakant Sharma, senior advocate with Shri PN.
Tiwari, counsel for the applicant.
None for the respondent.
The petition has already been admitted and record of the
Court below has been received.
Respondent is absent even after service of notice issued in
compliance of order dated 13/03/13.
Heard on I.A.No.8453/13 which is an application for grant
of stay.
This revision petition has been filed by the
petitioner/husband against the order dated 31/10/11 passed by
Principal Judge, Family Court, Shahdol in M.Cr.C.No.725/10.
By this application petitioner has prayed for staying the amount
of maintenance fixed by the impugned order as contended in
Annexure P/6 on the ground that revision petition has already
been admitted and after admission further notice was issued to
the respondent, but even after service of notice to the respondent,
she did not appear. It is further stated that the respondent is
continuously living in adultery and residing separately from the
husband/petitioner. She was in company of one Ashok Saxena
having illicit relations and this fact was admitted by the
respondent herself in the statement recorded under Section 161
of Cr.P.C. that she had illicit relations with Ashok Saxena, who
died. Copy of the statement recorded under Section 161 Cr.P.C.
is filed as Annexure P/7.
Earlier an application (IA.No.1139/12) for grant of stay
was filed by the petitioner, which was dismissed after due
consideration vide order dated 03/01/13. Petitioner again filed
this application (IA.No.8453/13) for grant of stay with some
additional grounds. After going through the order dated 03/01/13
and also after going through the record I am not inclined to take
a different view to grant the stay. Hence, IA.No.8453/13 stands
dismissed.
Let the case be listed for final hearing.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1721/14
02 .07.2014
Shri Pushpendra Dubey, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.12353/14, which is an application for
condonation of delay in filing the appeal.
The appeal is barred by 26 days. The reasons stated in the
application appears tobe bonafide and not seriously controverted
by the counsel for the State. Application is supported by an
affidavit of mother of appellant No.2 Vimla Bai, hence the
application is allowed and delay in filing the appeal is condoned.
Also heard on the question of admission.
Appeal is admitted for final hearing.
List for final hearing. In the meantime record of the Court
below be called for.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1754/14
02 .07.2014
Shri Pushpendra Dubey, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.12512/14, which is an application for
condonation of delay in filing the appeal.
The appeal is barred by 26 days. The reasons stated in the
application appears tobe bonafide and not seriously controverted
by the counsel for the State, hence the application is allowed and
delay in filing the appeal is condoned.
Record of the Court below be called for.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.524/11
02 .07.2014
Shri Lalit Pandey, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Counsel for the applicant prays for time to argue the
matter.
Prayer is allowed.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1968/12
02 .07.2014
Shri Vivek Badaria, counsel for the applicant.
None for the respondent.
With a view to ensure the hearing of both the parties, list
after two weeks.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2400/12
02 .07.2014
Shri Dheeraj Tiwari, counsel for the appellant.
Shri Bhupendra Shukla, counsel for respondent Nos. 1 to
4.
Shri Neeraj Ashar, P.L. for the respondent No.5-State.
State was directed to verify the fact that whether any
appeal has been filed by the State against the impugned judgment
or not.
Counsel for State prays for and is granted two weeks time
to verify the same.
Counsel for respondent Nos. 1 to 4 submits that the copy
of impugned judgment has not been supplied to him.
Counsel for the applicant/complainant is directed to supply
copy of impugned judgment to the counsel for respondent Nos.1
to 4.
List the matter in due course.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.995/14
02 .07.2014
Shri Vikas Sharma, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Counsel for the applicant prays for three days time to
remove the default.
Prayer is allowed.
List after three days.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1006/14
02 .07.2014
Shri TK. Vishwakarma, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for filing of affidavit in support of
application for condonation of delay.
Learned counsel for the applicant submits that he has
already filed the affidavit, but the same is not available on
record.
Office is directed to trace the same and place it on record.
Case be listed after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1007/14
02 .07.2014
Shri SK. Dixit, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Learned counsel for the applicant for one weeks' time to
argue the matter.
Prayer is allowed.
List after one week.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1094/14
02 .07.2014
Shri SK. Tiwari, counsel for the applicants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed in default of signature of applicant
on memo of appearance.
Learned counsel for the applicant submits that he has
already filed the Vakalatnama on behalf of applicants on
11/06/14.
Office is directed to trace the same and place the same on
record.
Counsel for the applicant requested to call for the case
diary.
State is directed to call for the case diary.
Case be listed in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.1110/14
02 .07.2014
Shri Lalit Pandey, counsel for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for filing the certified copy of
memo of charge of the applicant.
Learned counsel for the applicant prays for two weeks
time to file the same.
Prayer is allowed.
List after two weeks.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1138/14
02 .07.2014
Shri Mohanlal Sharma, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Heard on IA.No.11447/14, which is an application for
condonation of delay in filing the petition.
The revision is barred by 249 days. The reasons stated in
the application appears tobe bonafide and not seriously
controverted by the counsel for the State. Application is
supported by an affidavit of applicant, hence the application is
allowed and delay in filing the revision is condoned.
Let the case be listed in the week commencing 04/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1432/14
02 .07.2014
Shri Madan Singh, counsel for the appellant.
Shri Manoj Kushwaha, P.L. for the respondent No.1-State.
Today the case is listed for consideration of
IA.No.11307/14, which is an application for condonation of
delay.
It would be proper to consider the application after notice
to the respondent No.2. Hence, notice of IA.No.11307/14 be
issued to the respondent No.2 on payment of P.F. within three
days. Notice be made returnable within 15 days. Record of the
Court below be also called for.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2277/07
02 .07.2014
Shri SP. Mishra, counsel for the appellant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
In compliance of order dated 07/05/14 report from Jail
Superintendent, Central Jail, Rewa has been received, according
to which appellant Mohammad @ Babbo S/o Munna Khan is not
detained in jail and he has been released from the jail.
Looking to the report it is clear that the appellant is not in
jail and even he is not present before this Court since 28/11/11.
Now to secure the presence of appellant before this Court,
let warrant of arrest be issued against him and the same be sent
through the Superintendent of Police, Rewa for strict compliance
of the order under his guidance and supervision.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.588/07
02 .07.2014
Shri Lalji Kushwaha, counsel for the applicant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Shri Lalji Kushwaha, counsel for the applicant prays for
time to produce the applicant before this Court.
As a matter of last indulgence prayer is allowed. Appellant
is directed to remain present before this Court on the next date of
hearing positively.
Case be listed on 25/08/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1123/07
02 .07.2014
Shri GS. Rajput, counsel for the appellant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Appellant Pappu Marwekar is present in person, who he is
identified by his counsel. His presence be marked.
Today the case is listed for consideration of
IA.No.11839//13, an application for granting fix date for
appearance of the appellant.
After consideration the application is allowed and
appellant is directed to appear before the Registry firstly on
25/08/14 and on such other dates as may be fixed in this regard.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.226/08
02 .07.2014
Shri Sunil Mishra, counsel for the applicant.
None for the respondent.
Applicant is not present.
Counsel for the applicant prays for and undertakes to
produce the applicant on the next date of hearing positively.
Prayer is allowed.
List the case for appearance of the applicant on 21/07/14.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1330/08
02 .07.2014
Shri LP. Singh, counsel for the applicant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Today the case is listed for orders on IA.No.3279/14 for
condoning the non-appearance of the applicant/accused.
Heard on IA.No.3279/14.
After due consideration for non-appearance before the
Court on 10/11/08, IA.No.3279/14 is allowed and non-
appearance of the applicant on 10/11/08 is condoned. Now the
applicant is directed to appear before the Registry on 28/08/14
and on such other dates as may be given by the Registry in this
regard.
List the matter in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as
01.07.2014
None for the parties.
List on 08/07/14.

(Sushil Kumar Gupta)
JUDGE

01.07.2014
None for the parties.
Case is adjourned. List after four weeks.

(Sushil Kumar Gupta)
JUDGE

Cr.R.No.771/13
30.06.2014
Shri Anup Shrivastava, counsel for the applicant.
Shri Aditya Ahiwasi, counsel for the respondents.
Respondent No.1 is also present in person.
Counsel for the applicant has submitted that due fever
applicant could not appear before this Court.
Today the case is listed for consideration of mediation
report, but unfortunately the applicant is absent. Counsel for the
applicant prays for adjournment for appearance of the applicant.
The prayer is vehemently opposed by the counsel for the
respondents.
Mediation report dated 17/01/14 has been received, which
indicates that the mediation has been successful and as per
mediation report both the parties agreed to live together
peacefully as husband and wife. Both the parties were also
directed to reside at the residence of applicant and for this one
month time was given.
After receiving the mediation report case was listed on
18/02/14, 09/04/14 and 12/05/14, but for one reason or another
no further step has been taken by the parties to live together.
Keeping in view the report sent by Mediator it appears that
there are some possibilities between the parties to live together.
Counsel for the respondent objected that the applicant is
not paying the maintenance amount as per order of Court below,
hence applicant may be directed to pay the maintenance amount
and then adjournment be granted.
After perusal of the report sent by Mediator and after
hearing both the parties, it would be proper to give an
opportunity for settling the dispute between the parties as
reported by Mediator, therefore, the case is adjourned with a
condition that the applicant shall pay the remaining maintenance
amount whichever is due on or before next date of hearing and
he shall remain present on the next date of hearing positively, so
the matter can be resolved between the parties.
List the matter on 15/07/2014. On that date parties are
directed to remain present in person.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1675/14
30.06.2014
Shri F. Ushmani, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for orders on IA.No.12370/14 an
application under Section 5 of Limitation Act for condonation of
delay and also on IA.No.11877/14 an application for suspension
of sentence and grant of bail.
Heard on IA.No.12370/14.
The appeal is barred by 38 days. Appellant/accused is in
jail. He was convicted under Section 363, 342 & 509 of IPC. The
everments made in the application in causing the delay in filing
the appeal appears tobe bona fide and is not controverted by the
counsel for the State, hence the application is allowed and delay
in filing the appeal is condoned.
Also heard on the question of admission.
Appeal is admitted for final hearing.
So far as consideration of IA.No.11887/14 is concerned, it
would be proper to consider the application after receiving the
record of the Court below.
Let record of Court below be called for and list the case in
the month of July, 2014.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.311/07
30.06.2014
Shri NK. Tiwari, counsel for the applicant.
Shri Manoj Kushwaha, P.L. for the State.
Vide order dated 24/04/14 panel lawyer for the State was
directed to produce the case diary relating to Crime No.180/01
registered at Police Station, Majhgawan, Distt. Jabalpur for the
offence punishable under Sections 302 & 201 of IPC, but the
same has not been produced.
Panel lawyer is directed to obtain the case diary from the
concerned Police Station and place the same on the next date of
hearing positively.
List the case in the month of July, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1852/12
30.06.2014
Shri A.T.Faridee, counsel for the applicant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Record of both the Courts below has been received.
As prayed by the counsel for the applicant, case is
adjourned. It be listed under the same head in the next week.
Interim order passed earlier shall continue till next date of
hearing.
C.C. as per rules.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1334/10
30.06.2014
None for the appellant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
In compliance of order dated 24/04/14 bailable warrant for
a sum of Rs.20,000/- has been issued against the appellant Jagat
Singh @ Bhan Singh to secure his presence before this Court.
Report of bailable warrant has been received, which
indicates that the appellant/accused has been absconded. A
Farari Panchnama has been made in this regard with a Tasdik
Panchnama.
After consideration of the report, let warrant of arrest be
issued against the appellant Jagat Singh @ Bhan Singh to secure
his presence before this Court on a date to be fixed by the Office.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.315/11
30.06.2014
Shri Akhil Singh, counsel for the applicant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Petitioner is present in person in compliance of bailable
warrant issued against him. He is identified by his counsel. His
presence be marked.
Heard on IA.no.3411/14 which is an application for
condonation of non-appearance on 06/02/14.
The statement made in the application for non-appearance
before this Court on 06/02/14 appears to be bona fide, hence the
application is allowed and his non-appearance on 06/02/14 is
condoned. Now he is directed to remain present before the
Registry firstly on 14/10/14 and on such other dates as may be
fixed by the office in this regard.
(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2270/11
30.06.2014
None for the appellants.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Appellant No.1 Laxmi has been produced from Central
Jail, Sagar in compliance of production warrant issued by this
Court. He is detained in Central Jail, Sagar in connection with
another case punishable under Section 376 of IPC.
Respondent Nos. 2 to 5 has already been directed to
remain present before the Registry on 07/08/14, therefore,
appellant is also directed to remain present before the Registry
on 07/08/14 and on such other dates as may be fixed by the
Office in this regard. He be sent back to the same jail from where
he is brought under the same squad.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.797/12
30.06.2014
None for the appellant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Appellant Harisingh S/o Sabulal Katiya has been produced
from the District Jail, Chhindwara by Raghvendra Upadhyay
(A.S.I.) in custody in compliance of bailable warrant issued by
this Court. He did not submit any bail in compliance of bailable
warrant, hence he was sent to jail by C.J.M.,Chhindwara, where
he was produced in compliance of the bailable warrant issued by
this Court.
Appellant submits that because of illness of her mother he
did not appear before this Court on the fixed date. Now he
undertakes that he will present in future without any fail.
After consideration, the prayer is allowed and he be
released immediately from the custody. Appellant is directed to
remain present before the Registry firstly on 11/08/14 and on
such other dates as may be fixed in this regard.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.2111/13
30.06.2014
None for the appellant.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Appellant was absent on 05/05/14, hence bailable warrant
of Rs.5,000/- has been issued against the appellant for
appearance before this Court.
The report has been received on bailable warrant
indicating that at present the appellant/accused is serving the jail
sentence in Central Jail, Satna in connection with Session Trial
No.26/12 under Section 392 I.P.C., therefore, production warrant
be issued for securing the presence of appellant/accused before
this Court.
Let the matter be listed thereafter.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.982/2000
30.06.2014
None for the applicant.
Shri Manoj Kushwaha, P.L. for the respondent No.3-State.
Today the case is listed for further orders.
List the matter in due course for final hearing.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.231/06
30.06.2014
None for the applicants.
Shri Manoj Kushwaha, P.L. for the respondent-State.
Vide order dated 06/05/14 report was sought from the
concerned Jail authorities as to whether the entire jail sentence of
the applicants is executed or not and whether they are in jail or
they are released from the jail. The report is still awaited.
List the matter after receipt of report.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1443/11
30.06.2014
Shri Pawan Saxena, counsel for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Learned counsel for the appellant prays for one month
time to produce the appellant before the Court.
Prayer is allowed.
Let the matter be listed on 30/07/14 for appearance of the
appellant.
(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.2455/13
30.06.2014
None for the applicant.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for orders on default of non-
appearance of accused/applicant on 24/04/14.
Let bailable warrant for a sum of Rs.5,000/- be issued
against the applicant to secure his presence before this Court.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.1048/05
30.06.2014
None for the appellant.
Shri Neeraj Ashar, P.L. for the respondent-State.
In compliance of earlier order dated 17/04/14 report from
the Superintendent (Sub-Jail) Umaria has been received and
placed with the record.
After perusal of the report it is revealed that the appellant
Munna Burman S/o Bhagwandas Burman has been released on
10/12/10 of the awarded jail sentence after serving and granting
the benefit of remission.
Counsel for the State submits that he is not having the
brief, hence he prays two weeks time to verify the fact and
submit the report.
Let the case be listed under the same head after two weeks.

(Sushil Kumar Gupta)
JUDGE
as
Cr.A.No.3314/13
30.06.2014
Shri Manoj Kushwaha, P.L. for the appellant-State.
Shri Vijit Sahu, counsel for the complainant.
Respondents are present in person. They are identified by
Shri Vijit Sahu, counsel for the complainant. Their presence be
marked.
Today the case is listed for appearance of respondents as
well as for consideration of IA.No.4204/14, which is an
application under Section 320 Cr.P.C. for compromise.
For consideration of compromise application complainant
is not present in Court. Counsel for the complainant prays for
two weeks time to produce the complainant before the Court and
for consideration of compromise application.
Prayer is allowed.
List the appeal under the same head on 07/07/14.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1027/14
30.06.2014
Shri Manoj Kushwaha, P.L. for the appellant-State.
Shri R.S. Rathore, counsel for the respondents.
Respondents are present in execution of bailable warrant.
They are identified by their counsel Shri R.S. Rathore. Their
presence be marked.
Respondents are directed to appear before the Office
firstly on 25/08/14 and on such other dates as may be fixed by
the Office in this regard.
Record of the Court below be called for.
The appeal has already been admitted.
Let the case be listed for final hearing.

(Sushil Kumar Gupta)
JUDGE
as

Cr.R.No.1555/14
30.06.2014
Shri Manoj Kushwaha, P.L. for the appellant-State.
None for the respondents.
Appeal has already been admitted.
Bailable warrant of Rs.20,000/- has already been issued
against the respondents for appearance before this Court, but the
report of warrant is still awaited.
Let the revision be listed under the same head in the month
of July, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1325/97
30.06.2014
Shri Shivam Singh, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
In compliance of order dated 20/03/14 name of appellant
No.2 Dhani Ram has not been deleted from the array of cause
title.
Counsel for the appellants is directed to delete the name of
appellant No.2 Dhani Ram from the array of cause title during
course of the day.
Vide order dated 20/03/14 details regarding custody period
of appellant No.4 Laxman Prasad Dubey, was also directed tobe
furnished, but the same is not on record.
Office is directed to comply with the order dated 20/03/14
by the next date of hearing and list the appeal in the month of
July, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2135/99
30.06.2014
Shri SN. Tiwari, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Learned counsel for the appellant has not filed the death
certificate of appellant no.2 in compliance of order
dated23/04/14. He seeks further two weeks time to file the same.
Prayer is allowed.
List the appeal in the week commencing 07/07/14.

(Sushil Kumar Gupta)
JUDGE
as
Cr.R.No.568/04
30.06.2014
Shri Sarang Soni, counsel for the applicants.
Notices issued to the respondent has been returned back
unserved with a remark that the address is incomplete.
Counsel for the applicants is directed to pay fresh P.F.
within two weeks alongwith correct address. Notices be made
returnable within four weeks.
Case be listed in the month of August, 2014.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.2386/05
30.06.2014
Shri Manoj Kushwaha, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
It is reported by the counsel for the appellants that the
matter has tobe heard by Hon'ble Division Bench.
Office is directed to verify and list the appeal before
appropriate Bench.

(Sushil Kumar Gupta)
JUDGE
as

Cr.A.No.1612/09
30.06.2014
Shri Rajesh Tiwari, counsel for the appellants.
Shri Neeraj Ashar, P.L. for the respondent-State.
Today the case is listed for orders on IA.No.5753/13,
which is is an application under Section 320 Cr.P.C. for
compromise between the parties, but the parties are not present
in Court.
Counsel for the appellants prays for a fix date to remain
present the parties before this Court.
Prayer is allowed.
List the appeal on 28/07/14.

(Sushil Kumar Gupta)
JUDGE

as
HIGH COURT OF MADHYA PRADESH : JABALPUR
//MEMO//

No.Q/Reader/Cr. Appeal No........... Jabalpur, dated ............

To,
The Superintendent,
Central/District/Sub Jail,
.......................................

Sub: Production of accused namely ...................................... S/o ............................................................... Aged ........... Yrs., R/o .......................................................................................................... .............................................................. was produced today before this Court under Police escort from the Central/District/Sub Jail................................................ . He is returned back to the jail under the same Police escort.

Place : Jabalpur Dated: .............

(BY ORDER OF THE HIGH COURT) (Reader to Hon'ble Shri Justice Sushil Kumar Gupta) M.Cr.C.No.7302/14 29.05.2014 Shri Raman Patel, learned counsel for the applicant. Ms. Vandana Shrivastava learned P.L. for the respondent- State.

Learned counsel for the applicant submits that he has produced some documents before the Office, but the same are not available with the record.

Office is directed to place the same with the record and list the matter in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7249/14 29.05.2014 Shri US. Rao, learned counsel for the applicant. Ms. Vandana Shrivastava, learned P.L. for the respondent- State.

Learned counsel for the applicant prays for adjournment. Prayer is allowed.

List the matter in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7363/14 29.05.2014 Shri SK. Soni, learned counsel for the applicant. Ms. Vandana Shrivastava, learned P.L. for the respondent- State.

Case diary is not available.

Learned P.L. is directed to call for the case diary by the next date of hearing.

Case be listed in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7494/14 29.05.2014 Shri Rajkamal Chaturvedi, learned counsel for the applicant.

Shri AN. Gupt6a, learned P.L. for the respondent-State. Learned counsel for the applicant prays for adjournment. Prayer is allowed.

List the matter in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.5719/2014 29.05.2014 Shri Sushil Kumar Jha, learned counsel for the applicant. Shri Puneet Shroti, P.L. for the respondent-State. They are heard on the application. Perused the case diary.

This is the first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant has been arrested on 23.03.2014 by the Police Station Harpalpur District Chhatarpur in connection with Crime No.109/2013 registered for the offence punishable under Section 379 of I.P.C.

Learned counsel for the applicant/accused submitted that the applicant is a young boy of 25 years of age and he is a villager and he has been falsely implicated in the case. He is ready to cooperate in the investigation. Hence, prayed for grant of bail.

Counsel for State opposes the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting any opinion on the merit of the case, application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates as may be fixed in this behalf.

Certified copy as per rules.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.7637/14 29.05.2014 Shri Parag Tiwari, learned counsel for the applicants. Ms. Savita Choudhary, learned P.L. for the respondent- State.

Case diary is available.

Case is listed today for admission and orders on IA.No.10264/14.

After arguing some time on the application, in response of some query put by the Court, learned counsel for the applicants wants to file some documents and seeks for adjournment.

Prayer is allowed.

Case be listed in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7649/14 29.05.2014 Shri Mohammad Ali, learned counsel for the applicant. Ms. Savita Choudhary, learned P.L. for the respondent- State.

Learned counsel for the applicant seeks time to file some documents.

Prayer is allowed.

Case be listed in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.6396/14 29.05.2014 Mr.Pawan Gurjar, learned counsel for the applicant. Ms. Vandana Shrivastava, advocate on behalf of Mr. Aditya Adhikari, standing counsel for the respondent.

Counsel for the applicant prays for time to argue the case. Prayer is allowed.

Case be listed in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.2173/14 29.05.2014 Shri Madan SIngh, learned counsel for the applicant. Ms. Savita Choudhary, learned P.L. for the respondent- State.

As prayed by the learned counsel for the applicant, list the case in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.5497/14 29.05.2014 None for the applicant.

Shri Punit Shroti, learned P.L. for the respondent-State. In absence of learned counsel for the applicant, case is adjourned. It be listed under the same head after two weeks.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.2849/2014 29.05.2014 None for the applicant.

Shri R.N. Yadav, P.L. for the respondent-State. None for the objector.

Order sheet dated 26.05.2014 reveals that this case was directed to be listed in the next week however the same has been again listed in this week only.

Office is directed to list this case in the next week (Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.5786/2014 29.05.2014 Shri Ashish Tiwari, Advocate for the applicant. Shri R.N. Yadav, P.L. for the respondent-State. As prayed by learned counsel for applicant, case is adjourned.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.6604/2014 29.05.2014 Shri N.N. Tripathi, Advocate for the applicant. Shri R.N. Yadav, P.L. for the respondent-State. As prayed by learned counsel for applicant, case is adjourned.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.6757/2014 29.05.2014 Shri Nagendra Singh, Advocate for the applicant. Shri R.N. Yadav, P.L. for the respondent-State. Case diary is available.

Counsel for applicant prays for adjournment on the ground that his senior who has to argue the case is out of station.

In the absence of learned counsel for applicant, case is adjourned.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.7082/2014 29.05.2014 None for the applicant.

Shri A.N. Gupta, P.L. for the respondent-State. In the absence of learned counsel for applicant, case is adjourned.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.7143/2014 29.05.2014 Shri Pawan Gurjar, learned counsel for the applicant. Shri A.N. Gupta, P.L. for the respondent-State. Although today the case is listed for consideration of I.A. No.10359/2014 for urgent hearing of bail application during summer vacation, but counsel for the applicant prays for time to argue the case.

Prayer is allowed.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.7153/2014 29.05.2014 Shri Pawan Gurjar, learned counsel for the applicant. Shri A.N. Gupta, P.L. for the respondent-State. None for objector.

Although today the case is listed for consideration of I.A. No.10357/2014 for urgent hearing of bail application during summer vacation, but counsel for the applicant prays for time to argue the case.

Prayer is allowed.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.7173/2014 29.05.2014 Shri Baldev Patel, learned counsel for the applicants. Shri A.N. Gupta, P.L. for the respondent-State. Case diary is available.

The case is listed for admission.

Admit.

Learned counsel for the applicants prays for time to argue the case.

Prayer is allowed.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE SS WP. No.5047/14 29.05.2014 Shri Naman Nagrath, learned Senior Advocate assisted by Shri Nikhil Tiwari, learned counsel for the petitioner.

Shri Sanjay Dwivedi, learned G.A. for the respondent Nos. 1 & 2.

No one is present on behalf of respondent No.3. Shri S.A. Wakil, learned counsel for respondent No.4. Shri Brahmdatt Singh, learned counsel for the proposed intervenor namely State Bar Council of Madhya Pradesh, through its officiating Secretary Shri Mukesh Mishra to prosecute the IA.No.6563/14, an application to permit the State Bar Council to intervene in the matter alongwith IA.No.6566/14 an application for modification of the earlier interim order dated 08/05/14. Apart the aforesaid IA.No.6735/14 an application for early hearing on the aforesaid I.As. during summer vacation has also been filed.

Shri M.A. Hanif @ Mashkoor A. Hanif the another proposed intervenor and the applicant of IA.No.6755/14 is also present in person. On his behalf also IA.No.6756/14 for hearing on the aforesaid I.A. during summer vacation has been filed.

The case is also listed for consideration of IA.No.6731/14 an application on behalf of respondent Nos. 1 & 2 for recalling of the aforesaid interim order dated 08/05/14 alongwith IA.No.6732/14 an application for early hearing on the earlier IA.

Having heard on IA.No.6735/14, learned senior counsel of the petitioner seeks short adjournment of 15 days to file the reply of all the aforesaid applications of the proposed intervenors, so also the I.A. of the State for recalling the earlier order.

Having heard on IA.Nos.6735/14, 6756/14 and 6732/14 in the available circumstances, we are not inclined to hear all the aforesaid applications filed by the proposed intervenors permitting them to intervene in the matter, so also the application of the respondent Nos. 1 & 2 for recalling the earlier order during summer vacation. Consequently, all the applications for early hearing during summer vacation are hereby dismissed and the case is adjourned with a direction to place for consideration of the applications of the intervenors as well as of the State Authorities before the regular Division Bench on 18/06/14. Such date has been given by consent of all the counsel.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  V. JUDGE                                         V. JUDGE
anurag
 To,
       The Revenue Commissioner,
       Indore Division,
       INDORE

Sub: Application for vacating the Government Quarter No.G- 2/7, situated at Radio Colony, Indore (G-Type).

Respected Sir, With due respect it is submitted that being an employee of the High Court of Madhya Pradesh, I was allotted the abovesaid quarter. It is to inform you that by order dated 30/11/13 my services have been transferred from Indore Bench to Principal Seat Jabalpur and consequent thereupon by order dated 13/12/13 I have been relieved. Since the said quarter was required as my family members were residing at Indore, therefore, vide application dated 04/03/14 I had made a request to grant six months time to vacate the quarter but the request was turned down, hence I have been left with no option but to vacate the quarter allotted to me. Accordingly, I am surrendering the possession of the aforesaid quarter w.e.f. 26.05.2014. Kindly acknowledge the same and take further necessary action as per law.

Anurag Soni Personal Assistant High Court of Madhya Pradesh Copy to:

1. Registrar General, High Court of Madhya Pradesh, Jabalpur

2. Sub-Engineer, P.W.D., Residency Area, Indore Encl. Copy of order No.1184/3/Gen./09 dated 03/08/09.

M.Cr.C.No.7561/14

26.05.2014 Shri Rajendra Kumar Shrivastava, learned counsel for the applicant.

Ms. Savita Choudhary, P.L. for the respondent-State. They are heard on the application. Perused the case diary.

This is the first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant has been arrested on 15.05.2014 by the Police Station Alipura, Distt. Chhatarpur in connection with Crime No.33/03 registered for the offence punishable under Section 30 of the Arms Act.

The applicant has been arrested after execution of arrest warrant issued by Judicial Magistrate, I-Class, Navgaon. The applicant is facing criminal trial for the offence punishable under Section 30 of Arms Act. During trial he was absent on 01/06/10, hence arrest warrant was issued by learned Judicial Magistrate, I- Class, Navgaon.

Learned counsel for the applicant/accused submitted that the applicant is a labourer and he had gone to Delhi to earn his livelihood. He is a villager and is an innocent person. He is in custody since 15/05/14. It is submitted that now he will remain present in future on each and every dates.

Counsel for State opposes the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting any opinion on the merit of the case, application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- (Rs. Ten Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates as may be fixed in this behalf.

Certified copy as per rules.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No. 26.05.2014 As prayed by the learned counsel for the applicant, list the case in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7570/14 26.05.2014 Shri Sudesh Kumar Mishra, learned counsel for the applicant.

Ms. Savita Choudhary, P.L. for the respondent-State. Heard on the question of admission. Admit.

List for final hearing in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag Cr.A.No.1781/04 26.05.2014 As prayed by the learned counsel for the appellant, list the case in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7213/2014 26.05.2014 Shri Prashant Dubey, learned counsel for the applicant. Ms. Savita Choudhary, P.L. for the respondent-State. They are heard on the application. Perused the documents.

This is the first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant has been arrested on 05.05.2014 by the Police Station Cantt, District Jabalpur in connection with Crime No.179/2014 registered for the offence punishable under Section 34(2) of the Excise Act.

As per the prosecution case, 54 bulk litres of country made liquor has been seized from the possession of the applicant/accused for which he had no licence or permit.

Learned counsel for the applicant/accused submitted that the applicant is a young boy of 28 years of age and he is a villager and he is ready to cooperate in the investigation. He further submits that the applicant belongs to a joint Hindu family and he is not the owner of the house from where the alleged liquor was seized and there are five-six members residing in the said house and liquor was seized from the house of joint Hindu family.

Counsel for State opposes the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting any opinion on the merit of the case, application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- (Ten Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates as may be fixed in this behalf.

Certified copy as per rules.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.7400/2014 26.05.2014 Shri Prahlad Choudhary, learned counsel for the applicant. Ms. Savita Choudhary, P.L. for the respondent-State. They are heard on the application. Perused the documents.

This is the first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant has been arrested on 06.05.2014 by the Police Station Patan District Jabalpur in connection with Crime No.132/2014 registered for the offence punishable under Section 34(2) of the Excise Act.

As per the prosecution case, 54 bulk litres of country made liquor has been seized from the possession of the applicant/accused for which he had no licence or permit.

Learned counsel for the applicant/accused submitted that the applicant is a dumper driver and while he was coming from Chakraghat to Jabalpur for delivery of sand, meanwhile, in the mid way the workers of toll tax naka demanded more than requisite tax, though he has royalty of sand and on objection of such an illegal demand of additional tax, the workers of toll tax naka started quarreling with the applicant and also assaulted him and also caused damage to the dumper and lateron the applicant- accused was illegally detained in the Police Station Patan and falsely implicated in the case.

Counsel for State opposes the application and prayed for its rejection.

After going through the case diary and considering the facts and circumstances of the case, but without commenting any opinion on the merit of the case, application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- (Ten Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates as may be fixed in this behalf.

Certified copy as per rules.

(Sushil Kumar Gupta) V. JUDGE SS M.Cr.C.No.2849/14 26.05.2014 Shri Manish Datt, senior advocate with Mr. Yogesh Soni, learned counsel for the applicant.

Ms. Savita Choudhary, P.L. for the respondent-State. None for the objector.

Learned senior advocate submits that some documents were filed by him, but the same are not available on record.

Office is directed to place the documents which were filed by the applicant and list this case in the next week.

(Sushil Kumar Gupta) V. JUDGE anurag M.Cr.C.No.7267/2014 26.05.2014 Shri Vimal Kishore Advocate for the applicant. Shri P. Shroti, Panel Lawyer for respondent-State. Case diary is not available.

Let it be called for.

List the case in the next week.

(Sushil Kumar Gupta) V. JUDGE ss Cr.A.No.2227/08 16.05.2014 None for the appellant.

Shri SK. Kashyap, learned G.A. for the respondent-State. IA.No.7226/14 an application permitting the appellant to prosecute this appeal through Shri Amrish Mishra instead earlier engaged counsel.

The name of Shri Amrish Mishra has not been circulated in the cause list, hence case is adjourned with a direction to the Office to place the matter under the same head in the Month of July, 2014 by reflecting the name of Shri Amrish Mishra in the cause list also as counsel for appellant.



(U.C. Maheshwari)                               (Sushil Kumar Gupta)
  JUDGE                                              JUDGE
anurag
                         Cr.A.No.1481/02
16.05.2014

Smt. Durgesh Gupta, learned counsel for the appellant. Shri SK. Kashyap, learned Government Advocate for the respondent-State.

Having heard IA.No.8557/14 appellant's application for early hearing of this appeal on merits. But it appears from the available record that till today paper-book of the matter has not been prepared and in the lack of the same the hearing of the appeal on merits is not possible. Hence Office is directed to prepare the paper-book of the matter before 30/09/2014 with a further direction to list the matter alongwith paper-book either in the month of October or November, 2014 for final hearing.

Accordingly, IA.No.8557/14 is allowed.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                         Cr.A.No.1389/04
16.05.2014

Shri AK. Jain, learned counsel for the appellant. Shri Aditya Adhikari, learned counsel for the respondent. Let this matter be listed under the same head in the week commencing from 30th June, 2014, as prayed.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                         Cr.A.No.16/07
16.05.2014

Shri Mahesh Singh, learned counsel for the appellant. Shri SK. Kashyap, learned G.A. for the respondent-State. Heard on IA.No.8412/14 appellant's application for permanent exemption from personal appearing before the Registry of this Court as directed earlier.

Having heard, perused the I.A. No.8412/14. For the reasons stated in the application, the same is allowed and instead the Registry of this Court the appellant is permitted to appear in the Court of Chief Judicial Magistrate, Chhatarpur firstly on 05/11/14 and also on such other dates fixed by that Court in this regard till disposal of this appeal. Chief Judicial Magistrate, Chhatarpur be intimated in this regard within one month. Appellant's counsel is also directed to file certified copy of this order before such Court on or before 05/11/14.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag




                       Cr.A.No.1134/10
16.05.2014

Smt. Durgesh Gupta, learned counsel for the appellant. Shri SK. Kashyap, learned G.A. for the respondent-State. Heard on IA.No.8555/14 appellant's application for early hearing of this appeal.

Keeping in view the submission of appellant's counsel that appellant is facing the awarded jail sentence since 2006, as the during trial he remained in judicial custody for entire period, so also keeping in view that the paper book has also been prepared by the office, the IA.No.8555/14 is allowed and Office is directed to list this matter for final hearing by fixing a date before Winter Vacation, 2014.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.2105/10
16.05.2014

Shri LN. Sakle, learned counsel for the appellant. Shri SK. Kashyap, learned G.A. for the respondent-State. Let this matter be listed under the same head after preparation of the paper book. Office is directed to prepare the paper book within six months.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                      MCC. No.228/2013
 13.05.2014

Shri Pushpendra Dubey, learned counsel for the applicant. Respondent No.1 appears to be unserved. Shri Anoop Nair, learned counsel for respondent No.2. The applicant has preferred this petition alongwith IA.No.2041/13 under Section 5 of Limitation Act for restoration of MA.No.1437/08 filed by the applicant for enhancement of sum awarded by the Motor Vehicles Tribunal. On perusing the record of M.A.No.1437/08 tagged with this file we have found that the impugned award was passed by the Tribunal by settling the joint and several liability against the respondents to indemnify the awarded sum. So in such premises this petition for restoration should be heard and adjudicated effectively only in presence of applicant and respondent No.2 and presence of respondent No.2 is not required. Consequently, the notice of the aforesaid I.A. against respondent No.1 is hereby dispensed with.

The aforesaid IA.No.2041/13 is taken for consideration. The same is filed for condoning the delay in filing this petition for restoration of aforesaid MA.No.1437/08 as the same is barred by four years and 240 days as reported by the Office.

Having heard on the aforesaid I.A. supported by an affidavit, for the reasons stated in it, so also keeping in view that the provisions relating to the accident claims in the Motor Vehicles Act have been enacted for the welfare of the victim of the road accident. We are satisfied that sufficient cause is made out to condone the alleged delay. Hence by allowing the I.A., such delay is hereby condoned.

At the request of the parties the petition is taken up for consideration.

As per averments of the petition the aforesaid peremptory order dated 14/05/08 could not be complied with within the prescribed period due to mistake of the counsel and his office and resultantly the appeal was dismissed. Keeping in view the principle that litigant should not suffer because of mistake of the counsel as laid down by the Hon'ble Apex Court in the matter of Rafiq & Another Vs. Munshilal & Another, AIR 1981 SC 1400 this petition is allowed and aforesaid MA.No.1437/08 is hereby restored in its original number with a direction to place before the Bench for further orders in the week commencing 07/07/14. Office is further directed to restore the aforesaid appeal within 10 days from today and immediately thereafter call the record of the Tribunal within 30 days enabling the Court to consider this appeal on the aforesaid date.

Apart the aforesaid Office is specifically directed to reflect the name of Shri Anoop Nair as counsel for respondent No.2 Insurance Company in the daily cause list while circulating the appeal in such list.

This petition is allowed as indicated above.



(U.C. Maheshwari)                              (Sushil Kumar Gupta)
  JUDGE                                             JUDGE
anurag
                         WP.No.20872/12
13.05.2014

Shri Anoop Nair, learned counsel for the petitioner. Smt. Nirmala Naik, learned G.A. for respondents/State. Petitioner's counsel submits that subsequent to filing this petition, the present petitioner has filed the appropriate proceedings for arbitration of the dispute raised in this petition and such proceeding was being carried out, but ultimately what happened in such proceeding, he is not aware in this regard and in such premises he seeks short adjournment to verify such position alongwith the fact that whether the petitioner wants to prosecute this petition further or not.

In the aforesaid premises the case is adjournment with a direction to the Office to place the matter under the same head in the Month of July, 2014 for further orders. Meanwhile, petitioner's counsel may verify the aforesaid position for making appropriate statement before the Court.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                         WP.No.21087/12
13.05.2014
         None for the petitioner.

In absence of petitioner's counsel, the case is adjourned.





(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        RP.No.802/2013
13 .05.2014
         None for the applicant.

Shri VDS. Chouhan, learned counsel for respondent No.1. Smt. Nirmala Naik, learned G.A. for respondent Nos. 2 to

5. Earlier this matter was listed on 14/03/14. On such date instead to argue the case, applicant's counsel prayed for adjournment, on which the case was directed to be listed after 15 days. Pursuant to it the same is listed today. On taking up the matter no one is present to prosecute the petition. So in such premises it appears that the applicant is no more interested to prosecute this review petition.

On the other hand counsel for respondent No.1 submits that according to his information the representation filed by respondent No.1 in compliance of order dated 10/06/13 (subject matter of the review petition) passed in WP.No.8427/13 has been considered and rejected by the Authority and in such premises no further consideration is required in the present review petition.

Although this petition could be dismissed on merits, but in absence of applicant's counsel the same is hereby dismissed for want of prosecution.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.736/14
13.05.2014

Shri SC. Datt, learned Senior Advocate assisted by Shri Siddharth Datt, learned counsel for the appellant.

Shri CK. Mishra, learned G.A. for the respondent/State. Heard on IA.No.9037/14, an application on behalf of appellant Dinesh Kumar for suspension of his remaining jail sentence and grant of bail.

In the course of argument of Senior Counsel on the aforesaid I.A., in the available circumstances on making certain queries, on which at this stage learned Senior Counsel seeks permission to withdraw the I.A. with liberty to revive the prayer after one year.

Without expressing any opinion on merits of the matter, the I.A. is dismissed as withdrawn and not pressed with the aforesaid liberty.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.754/07
12.05.2014

Shri Rajesh Tiwari, learned G.A. for the appellant/State. Inspite of service of bailable warrant issued against sole respondent No.1 Amar Singh, he did not appear in the Registry of this Court on 30/04/14, on which the case is listed today for appropriate order. In the available circumstances Office is directed to secure the presence of respondent No.1 before this Court by issuing the non-bailable warrant. Such warrant be sent by fixing a date in the Month of August, 2014. Case be listed accordingly on such date.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag
                        Cr.A.No.1734/07
12.05.2014

Shri Rajesh Tiwari, learned G.A. for the appellant/State. Shri RK. Patel, learned counsel for the respondents. Under execution of non-bailable warrant issued in compliance of order dated 26/03/14, respondent No.1 Bhaiyaji @ Pramod Kumar has been produced by the Police squad from Central Jail, Jabalpur.

At this stage aforesaid respondent's counsel submits that he has filed the IA.No.9249/14 before the Registry on 07/05/14 for cancellation of non-bailable warrant. Such original I.A. has not been placed with the record. Copy of the same referred by the counsel is taken on record. Reader is directed to place the original I.A. with the record during course of the date.

As the non-bailable warrant issued by this Court has already been executed, so the application for cancellation of non-bailable warrant does not require any consideration. Hence, the same is hereby dismissed.

After making the presence of aforesaid respondent No.1 on record, he is directed to sent back to the aforesaid jail by the same Police squad. Such direction has been given keeping in view the provisions of Section 390 of Cr.P.C.

On filing the appropriate application on behalf of aforesaid respondent No.1 for grant of bail under the aforesaid provision of Cr.P.C., Office is directed to place such application before the Board for hearing by fixing a date within three working days from the date of filing of such application. The same shall be considered in accordance with the procedure prescribed under the law.

 (U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag




                        Cr.R.No.1308/07
12.05.2014

Ms. Puja Gajra, learned counsel for the applicant. None for respondent Nos. 1 to 3.

Shri Rajesh Tiwari, learned G.A. for the respondent No.4/State.

In compliance of order dated 28/04/14 respondent No.2 Mahesh Lodhi is not present in person. On his behalf no one has appeared to show the courtesy for taking the adjournment also. In such premises Office is directed to secure the presence of respondent No.2 Mahesh Lodhi before this Court by issuing a bailable warrant of Rs.5,000/-. The same be made returnable by fixing a date in the week commencing from 28th of July, 2014.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                        Cr.A.No.1197/08
12.05.2014
         None for the appellants.

Shri Rajesh Tiwari, learned G.A. for the respondent/State. Appellant No.1 Hira Lal Choudhary has already been arrested under execution of the non-bailable warrant issued under the direction of this Court. He is facing the remaining jail sentence in the Central Jail, Jabalpur.

Non-bailable warrant issued against appellant No.2 Ramkishan Choudhary has been received back unserved with the report that inspite of making the efforts he could not be traced out. Only this information is gathered by the Executing Authority that due to some insanity he has left the village and, therefore, the warrant could not be executed.

In the aforesaid premises the presence of appellant No.2 before this Court be secured by fixing a date in the Month of September, 2014 through non-bailable warrant. Such warrant be sent through Superintendent of Police, Jabalpur with a direction to execute the same under his guidance and supervision, so the same be not returned back unserved.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                        Cr.A.No.2025/09
12.05.2014
         None for the appellants.

Shri Rajesh Tiwari, learned G.A. for the respondent/State. The non-bailable warrant issued against the appellant No.1 Sunil Tiwari is received back unserved with the report that inspite of making efforts and holding the proceedings under Section 82 & 83 of Cr.P.C., such appellant No.1 could not be traced out.

In such premises Office is directed to issue a fresh non- bailable warrant to secure the presence of appellant No.1 before this Court by fixing a date in the Month of September, 2014. Office is directed to correct the note-sheet dated 09/05/14 in which it is stated that 'bailable warrant unserved', as such non- bailable warrant were issued against appellant No.1 under earlier direction.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                        Cr.A.No.1122/10
12.05.2014

Shri Pushpendra Dubey, learned counsel for the appellants. Shri Rajesh Tiwari, learned G.A. for the respondent/State. Appellant No.1 is regularly appearing in the Registry of this Court and his next date for appearance is fixed as 13/10/2014. The service report of non-bailable warrant issued against appellant No.2 is still awaited as reported by the Office. Let the same be requisitioned through reminder within one month. Apart the aforesaid, Office is directed to issue a fresh non-bailable warrant against the aforesaid appellant No.2 by fixing a date in the Month of September, 2014.

Apart the aforesaid, appellant's counsel submitted that according to his information appellant No.2 is detained in connection with other case in Central Jail, Rewa, but he is not in a position to give any particulars of such case. In such premises Office is also directed to secure the presence of such appellant No.2 before this Court by fixing a date on 30/06/14 through production warrant.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                          Cr.A.No.2418/10
12.05.2014

Shri HS. Verma, learned counsel for the appellant. Shri Rajesh Tiwari, learned G.A. for the respondent/State. As per Office report non-bailable warrant issued against the appellant is received back unserved, because the warrantee could not be traced out at the time of execution.

Let fresh non-bailable warrant by fixing a date in the Month of September, 2014 be issued against appellant.

Case be listed accordingly.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.548/11
12.05.2014

Shri Rajesh Tiwari, learned G.A. for the appellant/State. Shri HS. Verma, learned counsel for respondent Nos. 1 &

3. As per Office report the non-bailable warrant issued against respondent No.1 Raju @ Rajkumar is received back unserved.

Let the presence of respondent No.1` Raju @ Rajkumar before this Court be secured in the Month of September, 2014 by issuing a fresh non-bailable warrant. The same be sent through Superintendent of Police, Satna with a direction to execute the same under his guidance and supervision, so the same be not returned back unserved.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.2343/13
12.05.2014

Shri Rajesh Tiwari, learned G.A. for the appellant/State. Inspite of service of bailable warrant on respondent No.1 Chandan Singh, he is not present.

Office is directed to secure his presence before this Court by fixing a date in the Month of August, 2014 by issuing non- bailable warrant against him.

The bailable warrant issued against respondent No.2 Ganesh is received back unserved, hence Office is directed to issue a fresh bailable warrant of Rs.1,000/- against such respondent No.2 Ganesh by fixing the same date which is so mentioned on the aforesaid non-bailable warrant of respondent No.1.

Case be listed accordingly.



(U.C. Maheshwari)                      (Sushil Kumar Gupta)
  JUDGE                                     JUDGE
anurag
                         Cr.A.No.2629/13
12.05.2014

Shri Rajesh Tiwari, learned G.A. for the appellant/State. Shri Lalit Pandey, learned counsel for respondent No.1. Under execution of bailable warrant, respondent No.1 Khoob Singh Thakur is present in person and identified by his counsel.

After marking his presence he is directed to appear in the Court of Chief Judicial Magistrate, Sagar firstly on 28/11/2014 so also on such other dates fixed by such Court in this regard till disposal of this appeal. Apart the aforesaid such respondent is directed to furnish his personal bond of Rs.10,000/- alongwith one surety of the like amount to the satisfaction of the aforesaid Court of Chief Judicial Magistrate within a period of 30 days from today alongwith an undertaking that he shall remain present on each and every date which ever is fixed either by this Court or by the aforesaid Court of Chief Judicial Magistrate.

C.C. as per rules.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag
                         Cr.A.No.2943/13
12.05.2014

Shri Rajesh Tiwari, learned G.A. for the appellant/State. Shri Lalit Pandey, learned counsel for respondent Nos. 1 to

5. Service report of bailable warrant issued against respondent No.6 is awaited. Let the same be requisitioned through reminder within one month and the case be listed alongwith such report in the week commencing from 30 th June, 2014 for further orders.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.3316/13
12.05.2014

Mrs. Nirmala Nayak, learned G.A. for the appellant. Shri Adesh Jambulkar, learned counsel for the respondents.

Respondents are also present in person and identified by their counsel. After making the presence of respondents on record, they are directed to appear firstly on 25/11/2014 in the Registry of this Court, so also on such other dates fixed by the Office in this regard till disposal of this appeal. They are further directed to furnish their separate personal bonds of Rs.10,000/- alongwith one surety of the like amount to the satisfaction of Chief Judicial Magistrate, Jabalpur within 30 days alongwith an undertaking that they shall remain present either before the Court or Registry in compliance of the aforesaid direction.

Having heard on IA.No.8472/14, which is an application on behalf of respondent Nos. 2 & 3 for condoning their non- appearance in the matter on 28/04/14.

For the reasons stated in the application, the same is allowed and aforesaid non-appearance of the respondent Nos. 2 & 3 is hereby condoned.

C.C. as per rules.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.3352/13
12.05.2014

Smt. Nirmala Nayak, learned G.A. for the appellant/State. Inspite of service of bailable warrant against the respondent Nos. 1 to 4, none of them are present. Consequently, Office is directed to secure their presence before this Court by fixing a date in the Month of August, 2014 through non-bailable warrant.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.442/14
16.04.2014

Shri Dinesh Prasad Patel, Advocate for the appellant. Shri Prakash Gupta, Government Advocate for the State. Heard on IA.No.2991/14, which is an application for suspension of sentence and grant of bail on behalf of appellant Brijkishore Patel.

The appellant has been found guilty of committing the murder of Laxmideen by throwing acid on him. The incident took place because Laxmideen had given a loan of Rs.70,000/- to the appellant, but he instead of repaying the amount, committed the murder of Laxmideen. Kamlesh Lodhi (PW/1) and Rajesh (PW/3) have deposed that Laxmideen on their asking had disclosed the names of appellant as his assailant.

We find no good ground to allow the application. The application is dismissed.



(AJIT SINGH)                          (SUSHIL KUMAR GUPTA)
  JUDGE                                     JUDGE
anurag
                       Cr.A.No.3331/2013
16.04.2014

Shri Pramod Singh Tomar, Advocate for the appellants. Shri Prakash Gupta, Government Advocate for the State. Heard on IA.No.7054/14, which is an application for suspension of sentence and grant of bail on behalf of appellant No.1 Raja @ Rajkumar.

The appellant No.1 alongwith convicted co-accused persons has been found guilty of committing the murder of Bhagchand by causing injuries with hockey, lathi, etc. The First Information Report was lodged by the Bhagchand, wherein he has categorically named the appellant No.1 as one of his assailants.

Learned counsel for the appellants has prayed for withdrawal of the application.

The application is dismissed as withdrawn.



(AJIT SINGH)                             (SUSHIL KUMAR GUPTA)
  JUDGE                                        JUDGE
anurag
                      Cr.A.No.675/2014
16.04.2014

Shri Narendra Kumar Jain, Advocate for the appellant. Shri SK. Kashyap, Government Advocate for the State. Heard on admission.

Admit.

Also heard on IA.No.4528/14, which is an application for suspension of sentence and grant of bail on behalf of appellant Prakash Jhariya.

The appellant alongwith co-accused Maniram Sahu has been found guilty of committing gang rape on the prosecutrix aged 19 years. The prosecutrix has categorically named the appellant as one of the person who committed gang rape on her in his house. Evidence of prosecutrix is supported by two independent witnesses namely Sampatiya Bai (PW/2) and Parwati Bai (PW/3), who are women and lived in the neighbourhood of appellant. According to their evidence they reached the house of appellant on hearing the outcry of prosecutrix.

Having regard to the evidence of prosecutrix and other material available on record, we are not inclined to grant bail to the appellant. The application is dismissed.

 (AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                         Cr.A.No.374/14
16.04.2014

Counsel for the parties present.

Learned counsel for the appellant is directed to supply copy of impugned judgment to the Government Advocate during course of the day.

List the case in the week commencing 21st April, 2014.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag
                          Cr.A.No.565/14
16.04.2014

Counsel for the parties present.

Counsel for the appellant prays for a weeks' time to prepare and argue the case.

Prayer is allowed.

List the case after a week. It is made clear that no further adjournment shall be granted.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                         Cr.A.No.931/14
16.04.2014

Shri Paritosh Trivedi, Advocate for the appellant. Shri SK. Kashyap, Government Advocate for the State. Heard on admission.

Admit.

The appeal be now listed for final hearing.





(AJIT SINGH)                              (SUSHIL KUMAR GUPTA)
  JUDGE                                         JUDGE
anurag




                         FA.NO.555/97
11.04.2014

Shri Akhilesh Jain, learned counsel for the appellant. Learned counsel for the appellant prays for two weeks time to pay process fee in compliance of order dated 05/04/2014.

Prayer is allowed.

Two weeks time is granted to pay process fee as directed vide order dated 05/04/2014.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.730/07 11.04.2014 Counsel for the appellant present. Learned counsel for the appellant prays for two weeks time to go through the record and make submissions on applications filed in the appeal.

Prayer is allowed.

List after two weeks.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.470/13 11.04.2014 Counsel for the parties present.

Learned counsel for the appellant again prays for two weeks time to file reply of application filed by respondent for appointment of Commissioner.

As a last opportunity, further two weeks time is granted to file reply of the application.

Case be listed after two weeks.

Interim relief to continue till next date of hearing. C.C. as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.419/09 11/04/2014 Counsel for the appellant present. Heard on the question of admission. Appeal is admitted for final hearing. Let notice be issued to the respondents on payment of PF within seven days by ordinary as well as registered post.

Record be called for.

(Sushil Kumar Gupta) JUDGE anurag FA.No.532/09 11/04/2014 Counsel for the appellant present. Heard on the question of admission. Appeal is admitted for final hearing. Let notice be issued to the respondents on payment of PF within seven days by ordinary as well as registered post.

Record be called for.

(Sushil Kumar Gupta) JUDGE anurag FA.No.164/12 11/04/2014 Counsel for the appellant present. Heard on the question of admission. Appeal is admitted for final hearing. Let notice of appeal and IA.No.1729/12 be issued to the respondents on payment of PF within seven days by ordinary as well as registered post.

Record be called for.

(Sushil Kumar Gupta) JUDGE anurag FA.No.779/2013 11/04/2014 Counsel for the appellants present. Heard on the question of admission. Appeal is admitted for final hearing. Let notice of appeal and IA.No.12492/13 be issued to the respondents on payment of PF within seven days by ordinary as well as registered post.

Till next date of hearing, parties are directed to maintain status quo as it exists today.

Certified copy as per rules.

(Sushil Kumar Gupta) JUDGE anurag FA.No.840/05 11/04/2014 Counsel for the appellant present. Heard on the question of admission. Appeal is admitted for final hearing. Let notices be issued to the respondents on payment of PF within seven days by ordinary as well as registered post.

Interim relief to continue till next date of hearing. Certified copy as per rules.

(Sushil Kumar Gupta) JUDGE anurag FA.No.593/06 11/04/2014 Counsel for the appellant present. Heard on the question of admission. Appeal is admitted for final hearing. Let fresh notices be issued to the unserved respondents on payment of PF within seven days by ordinary as well as registered post.

Record be called for.

Interim relief to continue till next date of hearing. Certified copy as per rules.

(Sushil Kumar Gupta) JUDGE anurag FA.No.867/06 11/04/2014 Shri Pranay Verma, learned counsel for the appellants. Heard on the question of admission. Appeal is admitted for final hearing. Let fresh notices be issued to the unserved respondents on payment of PF within seven days by ordinary as well as registered post.

(Sushil Kumar Gupta) JUDGE anurag FA.No.194/07 11.04.2014 Counsel for the parties present.

Heard on the question of admission. Appeal is admitted for final hearing. Interim order dated 30/03/07 is made absolute. Certified copy as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.393/07 11.04.2014 Shri Rajendra Shukla, counsel for the appellant. Shri OP. Mishra, counsel for respondent Nos. 1 & 2. None for respondent No.3, though served. Heard on the question of admission. Appeal is admitted for final hearing.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.783/13 11.04.2014 Counsel for the parties present.

Learned counsel for the appellant is directed to supply copy of IA.No.12566/13 to the counsel for respondent within a one week.

Case be listed after one week.

Interim relief to continue till next date of hearing. Certified copy as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.142/2014 11.04.2014 Counsel for the parties present.

Heard on admission.

Appeal is admitted for final hearing. Interim relief to continue till next date of hearing. Certified copy as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No. 11.04.2014 None for the appellant/s.

Case is adjourned.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.808/13 11.04.2014 Counsel for the appellants present. Heard on admission.

Appeal is admitted for final hearing. On payment of P.F. within seven days, notice of appeal and IA.No.12959/13 be issued to the respondents by registered post as well as by ordinary mode.

Record be called for.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.904/2013 11.04.2014 Counsel for the appellant present. Heard on admission.

Appeal is admitted for final hearing. On payment of P.F. within seven days, notice be issued to the respondent by registered post as well as by ordinary mode.

Record be called for.

Till next date of hearing, parties are directed to maintain status quo.

Certified copy as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag Cr.A.No.1717/12 11.04.2014 Shri Rajesh Tiwari, learned counsel for the appellants. Shri Brahmdatt Singh, learned Panel Lawyer for the respondent-State.

Heard on IA.No.132/14, an application on behalf of appellant No.3 Sankatha Prasad Jaiswal for suspension of his remaining jail sentence and grant of bail.

In the course of argument in response of some queries based on available prosecution evidence, according to which appellant No.3 has participated in the alleged incident and caused injuries to the victim as well as to the deceased, so also in view of injuries sustained by Kalawati and deceased, on which instead to argue further, appellant's counsel seeks permission to withdraw the IA as not pressed.

Considering such prayer, IA No.132/14 is hereby dismissed as withdrawn and not pressed.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag
                       Cr.A.No.695/09
11.04.2014

Shri Vinod Kumar Dubey, learned counsel for the appellants.

Shri Brahmdatt Singh, learned Panel Lawyer for the respondent-State.

At the outset appellant's counsel seeks permission to withdraw IA.No.3307/14 a repeat application on behalf of appellant No.1 Sandeep @ Pappu Dubey for suspension of remaining jail sentence and grant of bail, as not pressed with liberty to revive the prayer after exhausting the remedy of application for early hearing of this appeal on merits and subject to the outcome of the same.

Considering such prayer, IA is hereby dismissed as withdrawn and not pressed with the aforesaid liberty.



(U.C. Maheshwari)                          (Sushil Kumar Gupta)
  JUDGE                                         JUDGE
anurag
                         Cr.A.No.1051/09
11.04.2014

Shri Shivhare, learned counsel for the appellants. Shri Brahmdatt Singh, learned Panel Lawyer for the respondent-State.

At the outset appellant's counsel seeks permission to withdraw IA.No.6357/14 second repeat application on behalf of appellant No.1 Shahid for suspension of remaining jail sentence and grant of bail with liberty to revive the prayer on subsequent stage on availability of some additional material ground.

Considering such prayer, IA is hereby dismissed as withdrawn and not pressed with the aforesaid liberty.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.310/12
11.04.2014

Ms. Zuneriya Khan, learned counsel for the appellant. Mr. Brahmdatt Singh, learned Panel Lawyer for the respondent-State.

Appellant's counsel submits that during pendency of this appeal, appellant has passed away while facing the awarded sentence in the jail.

Panel Lawyer is directed to call the verification report in this regard from the concerned Jail within three weeks and this matter be listed in the week commencing 12th of May, 2014.



(U.C. Maheshwari)                            (Sushil Kumar Gupta)
  JUDGE                                           JUDGE
anurag
                      Cr.A.No.3219/13
11.04.2014

Smt. Sudha Pandit, learned counsel for the appellant. Shri Brahmdatt Singh, learned Panel Lawyer for the respondent/State.

Record of the Trial Court has been received. Heard on IA.No.6540/14 appellant's application for suspension of his remaining jail sentence and grant of bail as he has been convicted under Section 302 of IPC with life imprisonment and fine of Rs.1,000/-.

Appellant's counsel after taking us through the record of the Trial Court argued that the entire case of the prosecution was based on circumstantial evidence and in continuation she said that the prosecution has utterly failed to prove the fact that the appellant is the only person who caused the murder of deceased Sachin @ Gopi. She further said that during the trial appellant remained on bail and he never misused the liberty.

The aforesaid prayer is opposed by the learend counsel for the State saying that looking to the nature of offence and available evidence adduced by the prosecution, appellant does not deserve for suspension of his remaining jail sentence.

Having heard the counsel, keeping in view the arguments, advanced by the appellant's counsel, after perusing the record, taking into consideration the nature of evidence adduced by the prosecution including deposition of Dilip Singh, so also on the ground that entire case of prosecution is based only on circumstantial evidence, so also on the ground that during trial the appellant remained on bail after facing the judicial custody for some months, without expressing any opinion on merits of the matter, the IA is allowed and subject to verification of depositing the fine amount the remaining jail sentence of the appellant is hereby suspended.

It is further directed that on furnishing a personal bond of Rs.1,00,000/- (Rs. One Lac) along with one surety in the like amount to the satisfaction of the trial Court by the appellant, he shall be released on bail with a further direction to remain present before the Registry of this Court firstly on 31/07/2014 and also on such other dates as are fixed in this regard till disposal of this appeal.

Certified copy as per rules.



(U.C. Maheshwari)                             (Sushil Kumar Gupta)
  JUDGE                                            JUDGE
anurag
                        Cr.A.No.3182/2013
09.04.2014

Shri SS. Tiwari, Advocate for the appellants. Shri Brahmdatt Singh, Panel Lawyer for the respondent- State.

Learned counsel for the appellants states that High Court Legal Service Committee has not supplied him copy of evidence to prepare the case.

We accordingly direct the Secretary, High Court Legal Service Committee to provide all necessary documents to learned counsel for the appellants for preparation of case and assistance in the Court. This be done within 10 days.

Case be listed immediately thereafter.



(AJIT SINGH)                              (SUSHIL KUMAR GUPTA)
  JUDGE                                         JUDGE
anurag




                        Cr.A.No.1017/11
07.04.2014

Shri Shivam Singh, Advocate for the appellants. Shri Brahmdatt Singh, Panel Lawyer for the respondent- State.

Heard on IA.No.26947/13, which is an application for suspension of sentence and grant of bail on behalf of appellant No.2 Rajikar @ Rajikant on medical ground.

It is stated in the application that Rajikar @ Rajikant is suffering from Sugar and Blood Pressure, as a result of which his Kidney has been adversely affected.

By our order dated 04/03/14, we had directed the Government Advocate to get the Rajikar @ Rajikant examined by Medical Board. Learned Government Advocate has produced the report of Medical Board, wherein it is stated that Rajikar @ Rajikant is in a fit condition.

We find no good ground to allow the application. The application is dismissed.



(AJIT SINGH)                             (SUSHIL KUMAR GUPTA)
  JUDGE                                        JUDGE
anurag
                       Cr.A.No.2456/2011
07.04.2014

Shri Abhay Gupta, Advocate for the appellants. Shri Brahmdatt Singh, Panel Lawyer for the respondent- State.

Heard on IA.No.5834/14, which is an application for suspension of sentence and grant of bail on behalf of appellants.

The appellants have been found guilty of committing murder of Kalawati by causing injuries to her with respective Lathi. Kalawati died due to injuries. Postmortem examination report of Kalawati reveals that multiple abrasion and bruises were found on the body of Kalawati. This clearly means that Kalawati was subject to merciless beating by appellants. PW/3 Muneshwar is an injured eyewitness to the incident, who has categorically named the appellants.

At present no ground for bail is made out. The application is dismissed.



(AJIT SINGH)                             (SUSHIL KUMAR GUPTA)
  JUDGE                                        JUDGE
anurag
                         Cr.A.No.1833/11
07.04.2014

Counsel for the parties present.

Learned counsel for the appellant prays for short adjournment on the ground that his Senior will argue.

Prayer is allowed.

The case is adjourned for a date to be fixed by the Office. It is made clear that no further adjournment shall be granted.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                      M.Cr.C.No.2517/09
05.04.2014

Shri Brahmdatt Singh, G.A. for the applicant/State. Shri Santosh Vishwakarma, Advocate for the respondent. Heard on admission.

This application filed by the State under Section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 03/03/08 passed by Session Judge, Shahdol in Sessions Trial No.167/07, whereby he has acquitted the respondent of the charge under Section 376 of Indian Penal Code.

The case of prosecution was that respondent sexually exploited the prosecutrix between November and December 2005 on the pretext of marriage. It was also alleged that the prosecutrix delivered a child on account of physical relationship with respondent. The evidence brought on record, clearly indicates that the respondent was already married and according to the prosecutrix before the Panchayat respondent accepted to keep her as a second wife. The prosecutrix has also admitted that after Panchayat respondent had kept her with him for almost eight months and then ousted her. The trial Court, therefore, having regard to evidence of prosecutrix has held that she was major and a consenting party and acquitted the respondent of the charge.

After perusing the impugned judgment, we also find that the trial Court has rightly appreciated the evidence. The learned Government Advocate could not point out any illegality or perversity in the impugned judgment. No ground for grant of leave to appeal is made out.

The application is, therefore, dismissed summarily.



(AJIT SINGH)                              (SUSHIL KUMAR GUPTA)
  JUDGE                                         JUDGE
anurag
                          Cr.R.No.1446/11
05.04.2014

Shri Mohammed Amzad, Advocate for the applicant. Learned counsel for the applicant prays for withdrawn of criminal revision.

Prayer is allowed.

It is dismissed as withdrawn.



(AJIT SINGH)                               (SUSHIL KUMAR GUPTA)
  JUDGE                                          JUDGE
anurag




                       M.Cr.C.No.1255/12
05.04.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

Record of the trial Court be called for.



(AJIT SINGH)                               (SUSHIL KUMAR GUPTA)
  JUDGE                                          JUDGE
anurag
                         Cr.A.No.2787/12
05.04.2014

Shri Yogesh Dhande, Government Advocate for the appellant.

Report regarding execution of warrant of respondents is awaited.

Report be immediately called for and list the case thereafter.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                       M.Cr.C.No.629/13
05.04.2014

Counsel for the parties present.

Learned counsel for the respondent prays for four weeks time to file reply to application for condonation of delay.

Prayer is allowed.

List the case after four weeks.

 (AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                         Cr.R.No.388/13
05.04.2014

Counsel for the parties present.

As prayed for by the learned counsel for the applicant, list the case after a week.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.1079/13
05.04.2014

Counsel for the parties present.

Learned counsel for the appellant prays for short date to ensure the appearance of appellant.

Prayer is allowed.

List the case on 30/05/14 for appearance of appellant.





(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.1557/13
05.04.2014

Counsel for the parties present.

Counsel for the appellant states that since the appellant has not been able to furnish the bail, hence he is still in jail.

No further order is necessary.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.1658/13
05.04.2014

Shri Yogesh Dhande, Government Advocate for the appellant.

Report regarding execution of warrant indicates that respondent No.3 is not residing in the address shown in the cause title.

The learned Government Advocate is directed to furnish new address of respondent No.3 within one month.

List the case after a month.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.1659/13
05.04.2014

Counsel for the parties present.

Respondent Radhelal Yadav is present in person. His presence be marked. Henceforth he is exempted from personal appearance before this Court. He shall now appear before Chief Judicial Magistrate, Anuppur on 05/09/14 and on such other dates as may be directed by that Court.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
   JUDGE                                          JUDGE
anurag




                      M.Cr.C.No.1667/13
05.04.2014

Counsel for the parties present.

Heard on IA.No.2988/13, which is an application for condonation of delay.

There is a delay of 97 days in filing the application for leave to appeal.

For the reasons stated in the application, which has not been controverted by filing any reply, we deem it proper to condone the delay.

The delay is accordingly condoned and the application is allowed.

The case be now listed for admission.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag
                           FA.No.926/12
04/04/2014

Counsel for the parties present.

Heard on admission.

Admit.

Record be called for.

Interim order passed by this Court shall continue till next date of hearing.

C.C. as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.557/12 04/04/2014 Shri AK. Jain, learned counsel for the appellants. Let fresh notices be issued to the unserved respondents on payment of PF within seven days by ordinary as well as registered post.

(Sushil Kumar Gupta) JUDGE anurag FA.No.89/2013 04.04.2014 Counsel for the parties present.

Heard on the question of admission. Appeal is admitted for final hearing.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.346/13 04.04.2014 Shri Manoj Kumar Chaturvedi, learned counsel for the appellant.

Vide order dated 29/08/13 appeal has already been admitted for final hearing.

List the case for final hearing.

Interim order passed by this Court shall continue till next date of hearing.

C.C. as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.450/13 04.04.2014 Counsel for the parties present.

Heard on the question of admission. Appeal is admitted for final hearing. Counsel for the appellant is directed to comply with the order dated 01/07/2013 within one week positively.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.651/13 04.04.2014 Counsel for the parties present.

Heard on the question of admission. Appeal is admitted for final hearing. Record be called.

Also heard on IA.No.10739/13, which is an application for stay.

Learned counsel for respondents prays for and is granted two weeks time to file reply of stay application.

List the case after two weeks.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.787/13 04.04.2014 Shri RK. Kesharwani, learned counsel for the appellants. None for the respondents.

Heard on the question of admission. Appeal is admitted for final hearing. Record be called.

Parties are directed to maintain status quo as it exists today till next date of hearing.

C.C. as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.838/13 04.04.2014 Shri SK. Dwivedi, learned counsel for the appellant. Heard on the question of admission and IA.No.13455/13, which is an application for stay.

Appeal is admitted for final hearing. On payment of P.F. within seven days, notice of appeal and IA.No.13455/13 be issued to the respondent by ordinary as well as registered post. Record be called.

Till next date of hearing parties are directed to maintain status quo.

Certified copy as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.857/13 04.04.2014 Smt. PL. Shrivastava, learned counsel for the appellant. None for the respondents, though served and represented through counsel.

Heard on the question of admission. Appeal is admitted for final hearing. Interim relief to continue till next date of hearing. Certified copy as per rules.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.870/13 04.04.2014 Counsel for the appellant present. As prayed by the learned counsel for the appellant, list the case in the next week.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.3/2014 04.04.2014 Shri Sanjay Sarvate, learned counsel for the appellant. Heard on the question of admission. Appeal is admitted for final hearing. On payment of P.F. within seven days, notices be issued to the respondents.

Record be called.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.21/14 04.04.2014 Shri SK. Gupta, learned counsel for the appellant. Heard on the question of admission. Appeal is admitted for final hearing. On payment of P.F. within seven days, notices be issued to the respondents.

Record be called.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.22/14 04.04.2014 Shri MP. Acharya, learned counsel for the appellant. Heard on the question of admission. Appeal is admitted for final hearing. On payment of P.F. within seven days, notices be issued to the respondents.

Record be called.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.24/14 04.04.2014 Counsel for the parties present.

Heard on the question of admission. Appeal is admitted for final hearing. Let the case be listed for hearing on IA.No.444/14 an application for stay in the week commencing 21st of April, 2014.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.30/14 04.04.2014 Shri Manish Jain, learned counsel for the appellant. Heard on the question of admission. Appeal is admitted for final hearing. On payment of P.F. within seven days, notice be issued to the respondents.

Record be called.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.33/2014 04.04.2014 Shri MA. Usmani, learned counsel for the appellant. Heard on the question of admission and IA.No.791/14, which is an application for stay.

Appeal is admitted for final hearing. On payment of P.F. within seven days, notice of appeal and IA.No.791/14 be issued to the respondents. Notice be made returnable within three weeks.

Record be called.

(SUSHIL KUMAR GUPTA) JUDGE anurag FA.No.41/2014 04.04.2014 Shri Avinash Zargar, learned counsel for the appellant. Heard on the question of admission and IA.No.951/14, which is an application for stay.

Appeal is admitted for final hearing. On payment of P.F. within seven days, notice of appeal and IA.No.951/14 be issued to the respondent.

Record be called.

(SUSHIL KUMAR GUPTA) JUDGE anurag M.Cr.C.No.57/12 04.04.2014 Shri Yogesh Dhande, Government Advocate for the applicant/State.

Heard on admission.

This application filed by the State under Section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 17/08/11 passed by Ist Additional Session Judge, Panna in Sessions Trial No.66/10, whereby he has acquitted the respondents of the charges under Section 302, 120-B of Indian Penal Code and under Section 25(1-B)(A) of Arms Act. By the same impugned judgment co- accused Ranjeet Sharma has been convicted under Section 302 read with Section 120-B of Indian Penal Code and sentenced to imprisonment of life.

The case of prosecution was that Ranjeet Sharma shot dead Surendra Singh and respondents had conspired with him. The trial Court after appreciating the evidence brought on record, has held that no cogent material was produced to indicate that respondents had conspired with Ranjeet Sharma to commit the murder of Surendra Singh. The Trial Court, therefore, in absence of any reliable and cogent evidence acquitted the respondents of the charges and as stated above convicted only Ranjeet Sharma under Section 302 read with Section 120-B of Indian Penal Code.

After perusing the impugned judgment we also find that the trial Court has rightly appreciated the evidence. The learned Government Advocate could not point out any illegality or perversity in the impugned judgment. No ground for grant of leave to appeal is made out.

The application is, therefore, dismissed summarily.

 (AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                         Cr.A.No.778/14
04.04.2014

Counsel for the parties present.

Heard on admission.

Admit.

Record of the trial Court be called for. List the case for final hearing.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                         Cr.A.No.936/14
04.04.2014

Counsel for the parties present.

Default pointed out by the Registry is directed to be ignored.

Heard on admission.

Admit.

Record of the trial Court be called for. List the case for final hearing.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag




                         MCC No.935/02
04.04.2014

Shri RP. Khare, Advocate for the applicants. This application for review of judgment dated 24/06/02 passed by learned Single Judge of this High Court, whereby he has dismissed the applicant's S.A.No.633/1999 on the ground that it was devoid of merit.

The applicants had also lost from the Trial Court as well as First Appellate Court.

After hearing the counsel for the applicants we also find no good ground to review the impugned judgment.

The application is dismissed.



(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
anurag
                          Cr.R.No.102/09
04.04.2014
         None for the applicant.

On 20/03/14 learned counsel for the applicant was granted last opportunity to prepare the case.

The revision is dismissed for want of prosecution.



(AJIT SINGH)                              (SUSHIL KUMAR GUPTA)
  JUDGE                                         JUDGE
anurag




                       Cr.R.No.97/2010
04.04.2014

Smt. Zuberiya Khan, Advocate for the applicant. Shri Yogesh Dhande, Government Advocate for the State/respondent No.1.

Heard on admission.

This criminal revision filed by a private complainant is directed against the judgment dated 27/11/09 passed by Ist Additional Session Judge, Narsinghpur in Sessions Trial No.84/08, whereby he has acquitted respondent No.2 Rajju @ Rajaram of the charges under Sections 302 of Indian Penal Code.

The learned Government Advocate has informed this Court that the State has decided not to challenge the impugned judgment of acquittal.

The case of prosecution was that respondent No.2 committed the murder of Shankar by causing injury with an Axe. There is no eyewitness to the incident and the entire case of prosecution was based on circumstantial evidence. The trial Court after appreciating the evidence found these circumstances wholly insufficient and unreliable to connect the respondent No.2 with the murder of Shankar. The trial Court in the absence of any reliable evidence acquitted the respondent No.2 of the charges.

After hearing the learned counsel for the applicant we also find that the trial Court has rightly appreciated the evidence. Learned counsel for the applicant could not point out any illegality or perversity in the impugned judgment. It is well settled principle of law that unless the judgment of acquittal is palpably wrong and grossly unreasonable, interference in revision by a private complainant is not called for. It is also not a fit case where re-trial is warranted.

Accordingly, the criminal revision has no merits and is hereby dismissed summarily.



(AJIT SINGH)                             (SUSHIL KUMAR GUPTA)
  JUDGE                                        JUDGE
 anurag
                       M.Cr.C.No.12288/09
03.04.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

This is an application under Section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to appeal.

Arguments heard.

The impugned judgment and record of the trial Court perused.

Leave to appeal is granted only in respect to respondent No.2 Dayaram @ Halle Bhai. This case be now registered as Criminal Appeal.

Let a bailable warrant for a sum of Rs.1,000/- be issued against respondent No.1 Dayaram @ Halle Bhai for his appearance before this Court on a date to be fixed by the Office.

Leave to appeal as regards remaining respondent No.1 Nanhe Lal and respondent No.3 Nand Kishore is rejected.





(AJIT SINGH)                             (SUSHIL KUMAR GUPTA)
  JUDGE                                        JUDGE
anurag
                       M.Cr.C.No.7316/10
03.04.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

This is an application under Section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to appeal.

Arguments heard.

The impugned judgment and record of the trial Court perused.

Leave to appeal is granted against respondents. This case be now registered as Criminal Appeal.

Let bailable warrant for a sum of Rs.1,000/- each be issued against respondents for their appearance before this Court on a date to be fixed by the Office.



(AJIT SINGH)                              (SUSHIL KUMAR GUPTA)
  JUDGE                                         JUDGE
anurag




                     M.Cr.C.No.7333/2010
03.04.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

Shri AK. Jain, Advocate for the respondents. Heard on IA.No.14107/10, which is an application for condonation of delay.

There is a delay of 80 days in filing the application for leave to appeal.

For the reasons stated in IA.No.14107/10, we deem it proper to condone the delay.

The delay is accordingly condoned and the application is allowed.

Also heard on admission.

This application filed by the State under Section 378(3) of Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 04/02/2010 passed by 1 st Additional Session Judge, Gadarwara, District Narsinghpur in Sessions Trial No.205/09, whereby he has acquitted the respondents of the charges under Sections 302/34 & 302/201 of IPC.

The case of prosecution was that respondents committed murder of Umed Singh. Dead body of Umed Singh was found lying under a Mango tree. There is no eyewitness to the incident and the entire case of the prosecution was based on circumstantial evidence merely last scene, enmity motive and seizure of rope. The trial Court after appreciating the evidence found these circumstances wholly insufficient to connect the respondents with the homicidal death of Umed Singh. The trial Court in the absence of any reliable evidence acquitted the respondents of the charges.

On going through the record, we also find that the Trial Court has rightly appreciated the evidence and the findings arrived at are neither illegal nor perverse. The learned Government Advocate could not point out any illegality in the impugned judgment. In absence of any cogent and reliable evidence against the respondents, no case for grant of leave to appeal is made out.

The application is, therefore, dismissed summarily.



         (AJIT SINGH)                           (SUSHIL KUMAR GUPTA)
           JUDGE                                      JUDGE
anurag
                       M.Cr.C.No.8119/10
03.04.2014
      Shri   Yogesh    Dhande,     Government    Advocate   for   the
applicant/State.
      Heard on admission.

This application filed by the State under Section 378(3) of Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 15/06/10 passed by Session Judge, Sehore in Sessions Trial No.1/10, whereby he has acquitted the respondents of the charges under Sections 302/34 & 201 of IPC.

The case of prosecution was that respondents committed murder of Arjun. Dead body of the Arjun was retrieved from a well. There is no eyewitness of the incident and the entire case of prosecution was based on circumstantial evidence and recovery of Axe and some clothes of the deceased. The trial Court after appreciating the evidence found these circumstances wholly insufficient to connect the respondents with the murder of Arjun. The trial Court in the absence of any reliable evidence acquitted the respondents of the charges.

The application is, therefore, dismissed summarily.





(AJIT SINGH)                                (SUSHIL KUMAR GUPTA)
  JUDGE                                           JUDGE
 anurag




                              M.Cr.C.No.8960/2010
         03.04.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

This is an application under Section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to appeal.

Arguments heard.

The impugned judgment and record of the trial Court perused.

Leave to appeal is granted against respondents. This case be now registered as Criminal Appeal.

Let bailable warrant for a sum of Rs.1,000/- each be issued against respondents for their appearance before this Court on a date to be fixed by the Office.





         (AJIT SINGH)                              (SUSHIL KUMAR GUPTA)
           JUDGE                                         JUDGE
         anurag
                     WA.No.1289/2010
02.04.2014

Shri VK. Shukla, Advocate for the appellant. Shri OP. Namdeo, Advocate for the respondents. This writ appeal is directed against order dated 06/10/10 passed by learned Single Judge of this Court, whereby he has dismissed the WP.No.6269/01 for want of territorial jurisdiction.

Appellant was an employee of Bharat Aluminium Company Limited. Initially he was posted at Korba. Thereafter he was transferred to Asansol (West Bengal). Appellant made a request for voluntary retirement, which was not accepted. Whereafter he tendered his resignation, which was accepted. Admittedly appellant had tendered his resignation while posted at Asansol and the same was accepted by the respondents at Bilaspur, which falls in the State of Chhatisgarh. Appellant challenged the acceptance of his resignation and claimed monetary benefits under the Voluntary Retirement Scheme by filing WP.No.6269/01.

Learned Single Judge by well reasoned order dated 06/10/10 has dismissed the writ petition on the ground that no cause of action arises within the territorial jurisdiction of this High Court. We find ourselves in complete agreement with the reasons assigned by the learned Single Judge in dismissing the writ petition.

The writ appeal has no merits and is accordingly dismissed summarily.

          (AJIT SINGH)   (S. K.GUPTA)
           JUDGE           JUDGE
anurag
                          Cr.A.No.809/14
02.04.2014

Shri Taufik Ahmed, Advocate for the appellant. Shri Brahmdatt Singh, Panel Lawyer for the State. Heard on admission.

Admit.

List the case for hearing on IA.No.5360/14 after a week.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.A.No.811/14
02.04.2014

Counsel for the parties present.

Heard on admission.

Admit.

List the case for final hearing.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.A.No.940/14
 02.04.2014

Counsel for the parties present.

Heard on admission.

Admit.

Record of the Trial Court be called for. List the case for final hearing.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                       M.Cr.C.No.3647/14
02.04.2014

Shri Vipin Yadav, Advocate for the applicant. Shri Brahmdatt Singh, Panel Lawyer for the respondents- State takes notice of the petition and prays for 10 days time to seek instructions.

Prayer is allowed.

List the case on 21/04/2014.

Until further order execution of warrant issued against the applicant in the present case shall remain stayed.

Certified copy as per rules.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
 anurag




                      M.Cr.C.No.4289/14
02.04.2014

List the case for hearing on admission alongwith record of the Trial Court.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag
                          RP.No.67/2011
02.04.2014
         None for the petitioner.

The review petition is dismissed for want of prosecution.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                        WA.No.222/2011
02.04.2014

Shri Anup Nair, Advocate for the appellants. Shri Vishal Dhagat, Advocate for the respondent. Counsel for the appellant states that steps are being taken to engage a new counsel and he prays for 10 days.

Prayer is allowed.

List the case after 10 days.

(AJIT SINGH)                                   (S. K.GUPTA)
   JUDGE                                             JUDGE
anurag




                        Cr.A.No.838/2014
01.04.2014

Counsel for the parties present.

There is a delay of 82 days in filing the appeal. Appellant is a life convict and is in jail, therefore, we deem it proper to condone the delay.

The delay is accordingly condoned. The appeal is also admitted for final hearing. Record of the Trial Court be called for.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.2317/13
01.04.2014

Counsel for the parties present.

Learned Government Advocate is directed to seek instruction as to whether any steps have been taken by the State to challenge the impugned judgment of acquittal of respondent No.2.

This be done within 10 days.

List the case after two weeks.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                          WA.No.67/14
01.04.2014

Counsel for the parties present.

Heard on IA.No.1097/14, which is an application for condonation of delay.

There is a delay of 25 days in filing the appeal. The learned counsel for the respondents has no objection on the delay being condoned.

The delay is accordingly condoned and the application is allowed.

The appeal be now listed for hearing on admission in the next week.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                         WA.No.83/2014
01.04.2014

Counsel for the parties present.

Heard on IA.No.1348/14, which is an application for condonation of delay.

There is a delay of 116 days in filing the appeal. The learned counsel for the respondents has no objection on the delay being condoned.

The delay is accordingly condoned and the application is allowed.

The appeal be now listed for hearing on admission.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                        W.A.No.102/2014
01.04.2014

Counsel for the parties present.

Heard on IA.No.1693/14, which is an application for condonation of delay.

The respected counsel for the respondents has no objection on the delay being condoned. Also a bunch of writ appeals have been filed against the same impugned order and the same is pending.

The delay is accordingly condoned and the application is allowed.

List this appeal alongwith WA.No.1369/13 listed at motion hearing no.86 today.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.R.No.348/14
 01.04.2014

Counsel for the parties present.

Learned counsel for the respondent is directed to produce the photocopy of the order dated 27/06/07 whereby sanction to prosecute Manish Agnihotri was declined.

This be done within two days.

List the case on 03/04/2014.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.A.No.754/14
01.04.2014

Counsel for the parties present.

Heard on IA.No.5461/14, which is an application for condonation of delay.

Although there is a delay of 1 day in filing the present criminal appeal, but the fact remains that the appellant is a life convict and is in jail, we deem it proper to condone the delay. Also the Government Advocate has no objection on the delay being condoned.

The delay is condoned and the application is allowed. Also heard on admission.

Admit.

Record of the trial Court be called for.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                         Cr.A.No.790/14
01.04.2014

Counsel for the parties present.

Learned counsel for the appellant prays for a weeks' time to make necessary correction in the memo of appeal.

Prayer is allowed.

List the case after a week.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                          Cr.A.No.838/14
01.04.2014

Counsel for the parties present.

Heard on IA.No.6524/14, which is an application for condonation of delay.

Although there is a delay of 269 days in filing the present criminal appeal, but the fact remains that the appellant is a life convict and is in jail, we deem it proper to condone the delay. Also the Government Advocate has no objection on the delay being condoned.

The delay is condoned and the application is allowed. The appeal be now listed for hearing on admission.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.A.No.860/20
01.04.2014

Counsel for the parties present.

Ten days time is granted to the appellant to verify whether the appeal is maintainable or not.

List the case after 10 days.

 (AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.A.No.162/14
01.04.2014

Counsel for the parties present.

As prayed for, 10 days time is granted to remove the default.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         Cr.A.No.965/14
01.04.2014

Counsel for the parties present.

Heard on IA.No.6524/14, which is an application for condonation of delay.

The delay is condoned and the application is allowed. The appeal be now listed for hearing on admission.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         FA.No.638/2013
28.03.2014
         Appellant in person.

Heard on IA.No.1494/2014, which is an application for stay.

On going through the averments made in the application and keeping in view the facts and circumstances of the case, this Court finds that no irreparable loss is going to be caused to the appellant in case the stay is not granted to him.

Hence IA.No.1494/2014 stands dismissed.

(S. K.GUPTA) JUDGE s anurag FA.No.756/07 28.03.2014 Shri Amit Bhurrak, learned counsel for the appellant. Shri RS. Jaiswal, senior advocate with Mr. AS. Hussain, learned counsel for the respondent Nos. 1 & 2.

Learned counsel for respondent Nos. 1 & 2 informed that the respondent No.1 has died.

Learned counsel for the appellant prays for some time to file an appropriate application to bring the legal representatives of respondent No.1 on record.

Prayer is allowed. Four weeks time is granted to file an appropriate application.

(S. K.GUPTA) JUDGE anurag FA.No.298/09 28.03.2014 Shri Amit Bhurrak, learned counsel for the appellant. Shri RS. Jaiswal, senior advocate with Mr. AS. Hussain, learned counsel for the respondent.

Learned counsel for the appellant prays for short adjournment.

Prayer is allowed.

List the appeal after four weeks.

(S. K.GUPTA) JUDGE anurag FA.No.778/07 28.03.2014 Shri Jitendra Prasad, learned counsel for the appellant. Let fresh notices be issued to the respondent on payment of PF within seven days.

(S. K.GUPTA) JUDGE anurag FA.No.839/07 28.03.2014 Shri Veer Bahadur, learned counsel for the appellant. Learned counsel for the appellant prays for and is granted a weeks time to pay fresh P.F. (S. K.GUPTA) JUDGE anurag FA.No.307/08 28.03.2014 Shri Anil Lala, learned counsel for the appellant. Heard on admission.

Appeal is admitted for final hearing. Let notice be issued to the respondent on payment of PF within seven days.

(S. K.GUPTA) JUDGE anurag FA.No.637/08 28.03.2014 Counsel for the appellant present. Learned counsel for the appellant prays for some time to cure the default.

Two weeks time as a last opportunity is granted to the appellant to cure the default. Case be listed after two weeks.

(S. K.GUPTA) JUDGE anurag FA.No.773/08 28.03.2014 Shri RN. Dwivedi, learned counsel for the appellant. Shri Amit Sharma, learned P.L. for the respondent No.1. Smt. Sudha Pandit, learned counsel for respondent No.2. Learned counsel for the appellant prays for some time to comply with the order dated 15/09/2011.

As a last opportunity, two weeks time is granted to the appellant to comply with the order dated 15/09/2011.

(S. K.GUPTA) JUDGE anurag FA.No.781/08 28.03.2014 Shri Nitin Pendharkar, learned counsel for the appellant. Shri Aseem Dixit, learned counsel for the respondent. Heard on the question of admission. Admit.

Let the case be listed for final hearing. Till next date of hearing operation of the impugned judgment shall remain stayed.

C.C. as per rules.

(S. K.GUPTA) JUDGE anurag FA.No.834/08 28.03.2014 Shri Sanjay Patel, learned counsel for the appellant. Heard on admission.

Appeal is admitted for final hearing. Let notice be issued to the respondents on payment of PF within seven days. Notice be made returnable within six weeks.

(S. K.GUPTA) JUDGE anurag FA.No.176/2013 28.03.2014 Shri AK. Pandey, learned counsel for the appellants. Shri KS. Jha, learned counsel for respondent No.1. Shri Vinay Kant, learned counsel for respondent No.2. Shri Amit Sharma, learned P.L. for the respondent No.8. Heard on IA.No.1445/14, which is an application for taking the legal representatives of deceased Ghasil Prasad Patel/ respondent No.6 on record.

On payment of P.F. within a period of seven days, notice be issued to the proposed legal representatives of respondent No.6 by registered post as well as by ordinary mode.

Interim order to continue till next date of hearing. Certified copy as per rules.

(S. K.GUPTA) JUDGE anurag FA.No.751/05 28.03.2014 Shri Pushpendra Singh, learned counsel for the appellant. Heard on IA.No.8409/07, which is an application for amendment in the cause title.

Application is allowed.

Appellant is permitted to incorporate the necessary amendment in the cause title within a period of seven days.

(S. K.GUPTA) JUDGE anurag FA.No.494/07 28.03.2014 Shri JL. Soni, learned counsel for the appellant. Shri Amit Sharma, learned P.L. for the respondent No.2- State.

Learned counsel for the State prays for some time to file reply.

Prayer is allowed.

Reply be filed within four weeks and case be listed thereafter.

(S. K.GUPTA) JUDGE anurag FA.No.625/07 28.03.2014 Let the case be listed alongwith FA.No.639/07.

(S. K.GUPTA) JUDGE anurag FA.No.99/2008 28.03.2014 Shri Sanjay Jain, learned counsel for the appellant. Shri Neeraj Ajhar, learned counsel for respondent Nos. 2 & 3.

Learned counsel for the respondent Nos. 2 & 3 prays for and is granted four weeks time to file reply of IA.No.12006/13.

Case be listed after four weeks.

(S. K.GUPTA) JUDGE anurag FA.No.1064/2011 28.03.2014 Counsel for the parties present.

As prayed by the learned counsel for the parties, case is adjourned.

(S. K.GUPTA) JUDGE anurag Cr.R.No.1816/13 26.03.2014 Counsel for the parties present.

As prayed for, list the case in the next week.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.1696/13
26.03.2014

Shri Satish Datt, Senior Advocate with Shri Yogesh Soni, Advocate for the appellant.

Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

Heard on IA.No.26660/13, which is an application for suspension of sentence and grant of bail on behalf of appellant Sattu Ahirwar.

The appellant has been found guilty of setting fire on Radhabai after pouring kerosene merely because she declined to elope with him.

Having regard to the evidence available on record we are not inclined to grant bail to him. The application is dismissed.

The appeal be however listed for final hearing on early date under the head of expedite category.

(AJIT SINGH)                                 (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag
                         Cr.A.No.2947/13
26.03.2014

Counsel for the parties present.

As prayed for, case is adjourned.

It now be listed in the week commencing 1 st of April, 2014.

(AJIT SINGH)                                 (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag




                      M.Cr.C.No.7454/13
26.03.2014

List this case before a Bench in which one of us (Justice Ajit Singh) is not a Member.

(AJIT SINGH)                                 (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag




                     M.Cr.C.No.7477/2013
 26.03.2014

Shri Yogesh Dhande, learned Dy. G.A. for the applicant. Record of the Trial Court be called for. List the case for admission alongwith record of the Trial Court.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                         Cr.A.No.710/14
26.03.2014
         List the case tomorrow.


(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                         WA.No.317/08
26.03.2014

Counsel for the parties present.

Vide order dated 13/02/09 the counsel for the appellant was given time to file additional affidavit in support of IA.No.7690/08.

Unfortunately, till to this date no affidavit has been filed. The appeal is barred by 207 days. As a last opportunity three weeks time is granted to the appellant to file the affidavit. It is made clear that if the affidavit is filed within three weeks, the appeal shall stand dismissed without further reference to the Bench.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                         WA.No.552/08
26.03.2014

Shri Piyush Dharmadhikari, G.A. for the appellant. Report regarding service of notice to the respondent is awaited.

To avoid delay, learned G.A. is directed to pay fresh process fee for service of notice on the respondent both on admission and IA.No.5839/08, which is an application for condonation of delay, both by registered as well as ordinary post. Notice be made returnable within 8 weeks.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                           WA.No.634/08
26.03.2014

Counsel for the parties present.

As a last opportunity counsel for the appellant prays for short adjournment.

Prayer is allowed.

List the case for hearing on IA.No.11070/12 on 01/04/2014.

Interim relief to continue till the next date of hearing. Certified copy as per rules.

(AJIT SINGH)                                     (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag




                          WA.No.743/08
26.03.2014

Counsel for the parties present.

Heard on IA.No.7861/08, which is an application for condonation of delay.

For the reasons stated in the application, which has not been opposed by the counsel for the respondents we deem it proper to condone the delay.

The delay is accordingly condoned and the application is allowed.

The appeal be now listed for hearing on admission.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                          WA.No.283/10
26.03.2014

Counsel for the parties present.

Learned counsel for the respondent as a last opportunity prays for a weeks time to file reply to the prayer for interim relief.

Prayer is allowed.

List the case in the week commencing 7th of April, 2014. It is made clear that no further adjournment shall be granted.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag
                         WA.No.473/2010
26.03.2014

Counsel for the parties present.

Heard on IA.No.6432/10, which is an application for condonation of delay.

The learned counsel for the respondents has no objection on the delay being condoned.

The delay is accordingly condoned and the application is allowed.

The appeal be now listed for hearing on admission.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag




                         WA.No.657/10
25.03.2014

Counsel for the parties present.

Learned counsel for the appellant prays for short adjournment.

Prayer is allowed.

However, it is made clear that no further adjournment shall be granted.

(AJIT SINGH)                                  (S. K.GUPTA)
   JUDGE                                             JUDGE
anurag




                       WP.No.3085/2010
25.03.2014

Counsel for the parties present.

Counsel for the respondents undertakes to file reply within 10 days.

List the case immediately after 10 days.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                        RP.No.113/2011
25.03.2014
         None for the appellant.

List the case in the week commencing 1st of April, 2014. Reply on behalf of respondent No.1 be filed.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                         WA.No.113/13
25.03.2014
          None for the appellant.

Shri Parvej Sheikh, Advocate for the respondent. Appeal is dismissed for want of prosecution.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                        WA.No.136/2013
25.03.2014

Counsel for the parties present.

Heard on admission.

Admit.

Appeal be now listed for final hearing. In the meanwhile reply be filed.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                        WA.No.213/2013
25.03.2014
         List the case tomorrow.


(AJIT SINGH)                                   (S. K.GUPTA)
   JUDGE                                            JUDGE
anurag




                        RP.No.658/2013
25.03.2014

Shri PR. Bhave, Senior Advocate with Shri RC. Shrivastava, advocate for the applicants.

Shri Mahesh Shukla, Advocate for the non-applicant. Learned counsel for the applicants fairly states that with the passage of time this review petition has become infructous.

It is accordingly dismissed as having rendered infructous.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                        Cr.A.No.1580/12
24.03.2014
         None for the appellant.

Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

This case is listed today for consideration of IA.No.15937/12 appellant's application for suspension of remaining jail sentence and grant of bail.

Having perused the I.A. alongwith impugned judgment, so also after perusing the record we have found sufficient prima facie evidence against the appellant to show his involvement in the alleged offence. However in absence of counsel for the appellant, instead of dismissing the IA.No.15937/12 on merits, the same is hereby dismissed for want of prosecution.



(U.C. Maheshwari)                            (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag
    25/03/2014

Following items be supplied for the use of Court of Hon'ble Shri Justice SK. Gupta:-

1. A/4 size paper 2 packet

2. U pin 1 packet

3. Legal paper white 1 packet 4. short hand copy 6 5. pencil 6 6. cutter 2 7. eraser 2 8. whitener 1 9. gum 1 10. envelop (9'4) 50 (Anurag Soni) (P.A. To Hon'ble SK. Gupta, J) Cr.A.No.944/06 24.03.2014 Shri Madan Singh, learned counsel for the appellant.

Shri Yogesh Dhande, learned Dy. G.A. for the respondent-State.

Heard on IA.No.1963/14 which is repeat application on behalf of appellant Premnarayan for suspension of his remaining jail sentence and grant of bail, as his earlier three applications filed in this regard have been dismissed on merits.

In the course of arguments in response of some queries based on the aforesaid dismissal orders, instead of arguing further, appellant's counsel seeks permission to withdraw this I.A. with liberty to file appropriate application for early hearing of this appeal with further prayer for appropriate direction to the Office to list the matter for final hearing in compliance of order dated 05/12/12.

Considering the aforesaid prayer IA.No.1963/14 is dismissed as withdraw, as not pressed with liberty to the appellant to file an appropriate application for early hearing of this appeal.

Apart the aforesaid, considering the oral prayer of the appellant's counsel, after perusing the interim order dated 05/12/12, Office is directed to list this matter alongwith all the connected appeals strictly in compliance of order dated 05/12/12 by fixing a date within four months for final hearing.



(U.C. Maheshwari)                               (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                       Cr.A.No.2571/2013
24.03.2014

Shri AD. Mishra, learned counsel for the appellants. Shri Vivek Lakhera, learned Panel Lawyer for the State. Shri G.S. Rajpur, learned counsel for the objector Gabbar son of the deceased.

After arguing for some time on IA.No.5198/14 an application on behalf of appellant Nos. 1, 3, 4, 5 & 6 for suspension of their remaining jail sentence and grant of bail, on making certain queries from the counsel for the appellants based on the evidence adduced by the prosecution, on which instead of arguing further, such counsel seeks permission to withdraw the IA.No.5198/14 as not pressed with liberty to revive the prayer at subsequent stage on availability of additional ground and circumstances or after facing the substantial period of jail out of awarded jail sentence.

Considering the aforesaid prayer, IA.No.5198/14 is hereby dismissed as withdrawn, as not pressed with the aforesaid liberty.




(U.C. Maheshwari)                             (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag
                        Cr.A.No.2384/06
24.03.2014

Shri Madan Singh, learned counsel for the appellant. Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

At the outset appellant's counsel seeks permission to withdraw the IA.No.1513/14 with liberty to revive the prayer after exhausting the remedy of application for early hearing of this appeal on merits and subject to decision of such application of early hearing.

The aforesaid I.A. is dismissed as withdrawn, as not pressed with the aforesaid liberty.





(U.C. Maheshwari)                              (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag
                        Cr.A.No.577/2002
24.03.2014

Shri SK. Pathak, learned counsel for the appellants. Shri Piyush Dharmadhikari, learned G.A. for the respondent-State.

Heard on IA.No.3772/2014, which is appellant's application for taking the annexed document on record.

The same is a certificate dated 22/01/14 issued by the Office of Superintendent, Central Jail, Sagar, according to which appellant No.2 Rekha Singh W/o Munnalal Sen is facing the jail sentence in compliance of judgment dated 11/03/02 and till 22/01/14 she has suffered the period of 22 years 11 days in jail including the remission part. Such document appears to be necessary on the record, hence by allowing the I.A.No.3772/14, the document is taken on record.

Also heard on IA.No.632/14, appellant's application for early hearing of this appeal.

In view of the period suffered by the appellant No.2 in jail as stated in the aforesaid certificate by allowing the IA.No.632/14, Office is directed to expedite the hearing of this appeal and list the same for final hearing before 30th August, 2014.



(U.C. Maheshwari)                               (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                          Cr.A.No.1819/12
24.03.2014

Shri Pradeep Naveriya, learned counsel for the appellants. Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

State counsel is directed to call the verification report from the concerning jail regarding health condition of appellant No.1 Salakram. Such report be requisitioned within 10 days and Office is directed to place this matter on 07/04/2014 for consideration of IA.No.4367/14.



(U.C. Maheshwari)                                (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag




                         Cr.A.No.355/13
24.03.2014
         None for the appellant.

Shri Yogesh Dhande, learned G.A. for the respondent- State.

This matter is listed today alongwith the record of the trial Court for consideration of IA.No.5317/14 appellant's application for suspension of his remaining jail sentence, but in absence of appellant's counsel the IA.No.5317/14 is dismissed for want of prosecution.

 (U.C. Maheshwari)                               (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.3308/13
24.03.2014
         None for the appellants.

Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

In compliance of earlier order the record of the trial Court has been received.

In view of the availability of such record with the assistance of the counsel for the State IA.No.5342/14 could be adjudicated on merits effectively, but in absence of the appellant's counsel instead of deciding the same on merits, IA.No.5342/14 is dismissed for want of prosecution.



(U.C. Maheshwari)                               (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.456/14
24.03.2014
         None for the appellant.

Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

In compliance of earlier order the record of the trial Court has been received.

In view of the availability of such record with the assistance of the counsel for the State IA.No.3126/14 could be adjudicated on merits effectively, but in absence of the appellant's counsel instead of deciding the same on merits, IA.No.3126/14 is dismissed for want of prosecution.



(U.C. Maheshwari)                               (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.1348/08
24.03.2014

Ms. Manju Khatri, learned counsel for the appellant. Shri Piyush Dharmadhikari, learned G.A. for the respondent-State.

Service report of the bailable warrant issued against the appellant in compliance of order dated 28/01/14 is still awaited.

Let the same be requisitioned through reminder within15 days and this matter be listed alongwith such report on 15/04/2014.

 (U.C. Maheshwari)                                (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag




                       Cr.A.No.2364/2007
24.03.2014

Shri Ahadullah Usmani, learned counsel for the appellant. Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

Learned counsel for the appellant submits that Shri Rammilan elder brother of the appellant has taken away the brief of the matter from his Office today with NOC to engage another Lawyer and therefore, he is not in a position to make any submission on IA.No.2651/13 an application on behalf of appellant for suspension of jail sentence and grant of bail.

It is apparent fact that inspite of taking the brief from the Office of appearing counsel, no other Advocate or authorised person is present on behalf of appellant to prosecute the IA.No.2651/13, hence IA. No.2651/13 is hereby dismissed for want of prosecution.



(U.C. Maheshwari)                                (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag
                        Cr.A.No.1567/2008
24.03.2014

Shri Amit Dubey, learned counsel for the appellant. Shri Yogesh Dhande, learned Dy. G.A. for the respondent- State.

At the outset learned counsel for the appellant seeks permission to withdraw IA.No.17500/11 second repeat application for suspension of jail sentence and grant of bail to the appellant with liberty to file an appropriate application for temporary bail to the appellant on the ground of his illness and to get the treatment from the Doctor of his choice.

Considering the aforesaid prayer IA.No.17500/11 is hereby dismissed as withdrawn, as not pressed with the aforesaid liberty.



(U.C. Maheshwari)                              (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag
                        Cr.A.No.1864/2013
24.03.2014

Shri Tribhuwan Mishra, learned counsel for the appellants. Shri Vivek Lakhera, learned Panel Lawyer for the respondent/State.

This case is listed today for consideration of IA.No.3974/14, an application of the appellant No.2 for suspension of her remaining jail sentence and grant of bail. But the appearing counsel of the appellants sought adjournment on the ground of non-availability of the arguing counsel Shri RK. Shukla saying that his uncle has been passed away before some days and therefore, according to the custom he is not in a position to come to the Court for some days.

Considering the aforesaid cause as sufficient cause for adjournment, the case is adjourned with a direction to place under the same head in the week commencing 21 st April, 2014 as prayed by the appearing counsel for the appellants.



(U.C. Maheshwari)                                  (S. K.GUPTA)
  JUDGE                                               JUDGE
anurag
                        Cr.A.No.398/2014
21.03.2014

Counsel for the parties present.

Heard on IA.No.2680/2014, which is an application for cndonation of delay.

There is a delay of 60 days in filing the appeal. The learned counsel for the respondent has no objection on the delay being condoned.

The delay is accordingly condoned and the application is allowed.

Heard on admission.

Admit.

Appeal be listed for final hearing.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                       Cr.A.No.497/2014
21.03.2014

Case be listed alongwith Cr.A.No.500/2014 in the week commencing 7th of April, 2014.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                       Cr.R.No.283/2013
21.03.2014

Counsel for the parties present.

Heard on admission.

Admit.

Case be listed for final hearing on 16/04/2014.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                           JUDGE
anurag




                       Cr.R.No.311/2013
21.03.2014

Counsel for the parties present.

Learned counsel for the applicant states that copy of the charge-sheet has been filed.

Registry shall trace the same and place it on record. List the case in the next week.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                       Cr.R.No.1311/2013
21.03.2014

Shri Prakash Upadhyay, Advocate for the petitioner. Shri Aditya Adhikari, Advocate states that for some reasons he is unable to represent the respondent in the present revision.

Issue notice to the respondent on payment of process fee within one week both by registered as well as ordinary post. Notice be made returnable within six weeks.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                         WA.No.153/2011
20.03.2014

It is stated at bar that counsel for the appellant is not available today and therefore the case be adjourned.

Prayer is allowed.

Case is adjourned.

(AJIT SINGH)                                 (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag




                         WA.No.9/2011
20.03.2014

Counsel for the parties present.

Learned Government Advocate Mr. Piyush Dharmadhikari states that today he is not having the file, therefore, prays for a weeks time to prepare and argue the case.

Prayer is allowed.

List the case after a week on a date tobe fixed by the Office.

(AJIT SINGH)                                 (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag
                        WA.No.1233/2011
20.03.2014

List the case after a week as prayed by the counsel for the appellant.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                       M.Cr.C.No.8753/2010
18.11.2011

Shri Prakash Gupta, Panel Lawyer for the State. Heard.

State has filed this application under Section 378(III) of Criminal Procedure Code for grant of leave to appeal against judgment dated 24.12.2009 passed by 3 rd Session Judge (Fast Track Court),Nasrullaganj in Session Trial No.123/2004 acquitting respondents of the charges under Sections 147, 148, 294, 506 of IPC and under Section 25 of Arms Act.

On due consideration of the facts and circumstances of the case and the evidence of Ramdas (PW.2) and Ganga Vishnu Sharma (PW6), we deem it feasible to grant leave to appeal against the impugned judgment. Accordingly, leave to appeal is granted. Office is directed to register this case under the head of Criminal Appeals.

Office is further directed to issue bailable warrant in the sum of Rs.5000/- for securing presence of respondents before the registry of this court on 6th March, 2012 and also on other dates as may be fixed by the registry in this regard.

Heard on admission.

Appeal is admitted for final hearing. List for final hearing alongwith Criminal Appeal No.24/10 in due course.




(Rakesh Saksena)                            (M.A.Siddiqui)
       Judge                                       Judge




                         WA.No.191/2013
19.03.2014

Counsel for the parties present.

Heard on IA.No.3816/2013, which is an application for condonation of delay.

There is a delay of 241 days in filing the appeal. The learned counsel for the respondents has no objection on the delay being condoned.

The delay is accordingly condoned and the application is allowed.

The appeal be now listed for hearing on admission.

(AJIT SINGH)                                     (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag
                         W.A.No.302/2013
19.03.2014

Counsel for the parties present.

Additional Advocate General states that he is not in possession of the file. He prays for a weeks time to seek instructions.

Prayer is allowed.

List the case after a week. It is, however, made clear that no adjournment shall be given.

(AJIT SINGH)                                  (S. K.GUPTA)
  JUDGE                                          JUDGE
anurag
                         WA.No.318/2013
19.03.2014

Counsel for the parties present.

As prayed, list the case in the next week. Counsel for the appellants is directed to supply legible copy of Annexure A/2 to Shri Vijay Shukla, learned counsel for respondent No.2.

(AJIT SINGH)                                    (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag




                        Cr.A.No.162/2003
13.03.2014

Counsel for the parties present.

It is reported that after conviction the appellant has neither furnished the bail, nor has deposited the fine amount and is appearing before the Registry of this Court since 20/11/2006.

Let bailable warrant for a sum of Rs.1,000/- be issued against the appellant for his appearance before this Court on 21/04/2014.

(AJIT SINGH)                                     (S. K.GUPTA)
  JUDGE                                              JUDGE
anurag
                        Cr.A.No.754/2007
13.03.2014

Shri Piyush Dharmadhikari, Government Advocate for the appellant/State.

Respondent has not appeared on 06/01/2014. No one is present on his behalf.

Let bailable warrant for a sum of Rs.1,000/- be issued against the respondent for his appearance before this Court on a date fixed by the Office.

(AJIT SINGH)                                (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag
                         RP.No.928/2013
13.03.2014

Counsel for the parties present.

This review petition is against the order dated 26/07/2013 passed by learned Single Judge in WP.No.20094/12, wherein in paragraph No.7 it is stated that the counsel for the appellant had submitted that the appellant will relinquish the relief of passing off the goods (bear bottles) under the Act of 1999 from the plaint. It is however to be noted that such a prayer was not accepted by the learned Single Judge.

The learned counsel for the appellant states that the appellant had never desire to relinquish the relief of passing off the goods (bear bottles) under the Act of 1999 from the plaint.

That being so, the appellant is allowed to prosecute the relief of passing off the goods (bear bottles) under the Act.

With the above clarification, the review petition is disposed of.

(AJIT SINGH)                                   (S. K.GUPTA)
  JUDGE                                            JUDGE
anurag
                       M.Cr.C.No.7441/2013
13.03.2014
         Shri   Yogesh   Dhande,    Government     Advocate    for   the
applicant/State.
         Heard on admission.

This application filed by the State under Section 378(3) of Code of Criminal Procedure is directed against the judgment dated 15/03/2013 passed by VIII Additional Sessions Judge, Bhopal, whereby he has acquitted the respondents of the charges under Sections 302/34, 394/34 and 397/34 of Indian Penal Code.

The case of the prosecution was that the respondents for the purpose of committing the robbery committed the murder of Ashiq @ Ismail. There is no eyewitness to the incident and entire case of the prosecution was based on circumstantial evidence. During the trial no incriminating evidence was produced against the respondents.

The Trial Court, therefore, in absence of any reliable and cogent evidence acquitted the respondents of the charges under Sections 302/34, 394/34 and 397/34 of Indian Penal Code.

On going through the record we too find that the trial Court has rightly appreciated the evidence and the findings arrived at are neither illegal nor perverse. No ground for grant of leave to appeal is made out.

The application is, therefore, dismissed summarily.

(AJIT SINGH)                                            (S. K.GUPTA)
JUDGE                                                      JUDGE
anurag
                    M.Cr.C.No.390/2014
13.03.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

Head on admission.

This application filed by the State under Section 378(3) of Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 12/09/2013 passed by Special Judge, SC/ST (Prevention of Atrocity) Act, Chhindwara, whereby he has acquitted the respondent of the charges under Section 366, 342, 506 Part-II, 376(1) of Indian Penal Code and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989.

The case of the prosecution was that the respondent committed rape on the prosecutrix in the night of 10/12/2011 and thereafter continued to sexually exploit her by taking her to different places. The prosecutrix lodged the report after two months on 10/02/2012. On the medical examination of the prosecutrix, she was found habitual of sexual intercourse with no sign of rape. The evidence of the prosecution reveals that she travelled extensively with the respondent and lived with him for almost two months without any protest.

The trial Court having regard to the evidence of the prosecutrix has held that she was major and was a consenting party.

The application is, therefore, dismissed summarily.

(AJIT SINGH)                                (S. K.GUPTA)
  JUDGE                                         JUDGE
anurag
                         WA.No.207/2010
13.03.2014

Counsel for the parties present.

Heard on admission.

Admit.

Case be now listed for final hearing.

(AJIT SINGH)                                     (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag




                      Cr.A. No.1904/2007
 13.03.2014

Counsel for the parties present.

The respondent No.2 did not appear before this Court on 11/11/2013.

Learned counsel for respondent No.2 prays for short date to ensure the appearance of respondent No.2.

Prayer is allowed.

List the case on 22/04/2014 for appearance of respondent No.2.

(AJIT SINGH)                                         (S. K.GUPTA)
  JUDGE                                                 JUDGE
anurag




                       Cr.A.No.1981/2007
13.03.2014

Counsel for the parties present.

It is reported by the learned counsel for the appellant that the appellant has been arrested in one another criminal case and presently he is in Gajipur Jail.

Learned Government Advocate is directed to seek instructions and call for the report as to which criminal case the appellant has been arrested and is in Gajipur Jail. This be done within three weeks.

List the case in the week commencing 28th of April, 2014.

 (AJIT SINGH)                                      (S. K.GUPTA)
  JUDGE                                              JUDGE
anurag




                       WA.No.1396/2013
13.03.2014

Counsel for the parties present.

It is stated at bar that some notification regarding Payment of Gratuity Act, 1972 is awaited in the first week of April, 2014. Counsel for the parties, therefore, prayed for a short adjournment.

Prayer is allowed.

List the case in the week commencing 28th of April, 2014.

(AJIT SINGH)                                      (S. K.GUPTA)
  JUDGE                                              JUDGE
anurag
                          WA.No.809/2013
13.03.2014

Counsel for the parties present.

It is stated at bar that some notification regarding Payment of Gratuity Act, 1972 is awaited in the first week of April, 2014. Counsel for the parties, therefore, prayed for a short adjournment.

Prayer is allowed.

List the case in the week commencing 28th of April, 2014.

(AJIT SINGH)                                          (S. K.GUPTA)
  JUDGE                                                  JUDGE
anurag




                         WA.No.752/2013
13.03.2014

Counsel for the parties present.

This writ appeal is wrongly listed. The issue in the present writ appeal is different from other connected W.A.Nos.809/13, 810/13, 1033/13, 1034/13, 1233/13, 1396/13.

With the aforesaid, it be de-linked from them. The appeal be now listed for hearing on admission.

 (AJIT SINGH)                                      (S. K.GUPTA)
  JUDGE                                              JUDGE
anurag




                         RP.No.943/2013
13.03.2014

Counsel for the parties present.

Learned counsel for respondent no.3 prays for two weeks time to file reply to the review petition.

Prayer is allowed.

List the case after two weeks.

(AJIT SINGH)                                      (S. K.GUPTA)
  JUDGE                                              JUDGE
anurag
                    M.Cr.C.No.2283/2011
12.03.2014

Shri Piyush Dharmadhikari, Government Advocate for the applicant/State.

None for the respondents.

Heard on admission.

This application filed by the State under Section 378(3) of Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 24/12/10 passed in Sessions Trial No.38/10 by the Additional Judge to the Additional Sessions Judge, Katni whereby he has acquitted the respondents of the charges under Section 364, 302 & 201 of IPC.

The prosecution story, in short, is that on 25/11/2009 Rishabh aged about 11 years had gone to Pipariya Kala School, but not returned. Report of missing person was lodged on 26/11/2009 in Barhi Police Station. During enquiry the dead body was found near a Babool Tree. Marg (Ex.P/13) was registered. After Marg enquiry it was found that the death of Rishabh is homicidal, hence FIR (Ex.P/25) was registered and after completing the investigation charge-sheet against the respondents has been filed under Section 364, 302 & 201 of IPC.

Trial Court acquitted the respondents on the ground that there is no eyewitness in the case and the prosecution case is based only on circumstantial evidence mainly on the last scene, but there is no evidence of this fact. As per prosecution story Rishabh was last scene with Chandrabhan Patel. Even then prosecution did not examine this witness. No evidence of previous enmity was established. The trial Court, therefore, acquitted the respondents of the charges under Section 364, 302, 201 of IPC.

On going through the record, we too find that the Trial Court has rightly appreciated the evidence and the findings arrived at are neither illegal nor perverse. In the absence of any cogent and reliable evidence against the respondents, no case for grant of leave to appeal is made out.

The application is, therefore, dismissed summarily.

(AJIT SINGH)                                       (S. K.GUPTA)
  JUDGE                                                JUDGE
anurag
                    M.Cr.C.No.13019/2013
11.03.2014

Shri Yogesh Dhande, Government Advocate for the applicant/State.

Shri Rajesh Sen, Advocate for the respondents. This application filed by the State under Section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to appeal is directed against the judgment dated 29/06/13 passed in Sessions Trial No.142/09 by the I Additional Sessions Judge, Panna, whereby he has acquitted the respondents of the charges under Section 498-A & 304-B of IPC.

Prosecution story, in brief, is that on 05/06/07 at 2:15 P.M. deceased Suman died in C.H.C., Devendra Nagar during the course of her treatment. On intimation of death (Ex.P/7) of Dr. M.M. Pandey (PW/9) Police Devendra Nagar registered Marg No.16/07 (Ex.P/6). After Marg enquiry, FIR (Ex.P/16) was registered on 17/06/2007. During investigation it was found that respondent No.1 Santosh being husband and other respondent Nos. 2 to 5 being father, mother, brother and sister of Santosh, physically and mentally harassed the deceased Suman in connection with demand of Rs.35,000/- and a cooler by way of dowry subjected the deceased Suman to cruelty. At that time stated above respondents by physically and mentally harassment subjected the deceased Suman to cruelty, as a result she died out of burn within seven years of her marriage. Thereby, the accused caused dowry death of Suman. After completing the investigation, respondents were charge-sheeted under Section 498-A & 304-B of IPC.

Perused the impugned judgment and material placed on the record of the Trial Court, we too find that the trial Court found that the prosecution has failed to prove beyond doubt that the deceased Suman died within a period of seven years from the date of her marriage. Trial Court also found that there are material major omissions and contradictions in the prosecution evidence. Witnesses have also exaggerated the facts before the Court. Trial Court also come to the conclusion that it is quite unnatural for the accused to become greedy for dowry after expiry of more than seven years of marriage. Trial Court also come to the conclusion that there is enough evidence to prove the sincerity of accused persons towards health of Suman, which reflects negating any presumption of cruelty by the accused persons to the Suman.

The trial Court in absence of any reliable evidence regarding demand of dowry, cruelty inflicted on the deceased Suman and acquitted the respondents from the charges under Section 498-A & 304-B of IPC.

On going through the impugned judgment and evidence placed on the record, we too find that the prosecution has failed to prove beyond reasonable doubt that the respondents physically and mentally harassed the deceased Suman in connection with demand of Rs.35,000/- and a cooler by way of dowry subjected the deceased Suman to cruelty. Prosecution has also failed to prove beyond reasonable doubt that the deceased Suman died within the period of seven years from the date of her marriage. Therefore, essential ingredients of Section 304-B of IPC was not proved.

We, therefore, also find that the Trial Court has rightly appreciated the evidence and the findings arrived at are neither illegal nor perverse. No ground for grant of leave to appeal is made out.

The application is, therefore, dismissed summarily.

(AJIT SINGH)                                      (S. K.GUPTA)
  JUDGE                                             JUDGE
anurag
                         WA.No.1093/2013
12.03.2014

Counsel for the parties present.

Learned counsel for respondent Nos. 2 to 5 prays for a weeks' time to file reply.

Prayer is allowed.

List the case after 10 days.

Interim relief to continue until further orders. C.C. as per rules.

(AJIT SINGH)                                              (S. K.GUPTA)
  JUDGE                                                       JUDGE

anurag
                          Cr.A. No.711/2014
10.03.2014

Shri Jagdish Singrol, Advocate for the appellants. Shri Piyush Dharmadhikari, Government Advocate for the State.

Heard on admission.

Admit The appeal be now listed for final hearing. Also heard on I.A. No.4734/2014, which is an application for suspension of sentence and grant of bail on behalf of appellants no.2 and 3 namely Birju and Pramila Bai.

Both these appellants have been convicted under Section 201 of IPC and sentenced to suffer R.I. of five years with default stipulations. It is argued on behalf of the appellants that offence under Section 201 IPC is bailable and on merits also the conviction is bad in law.

Having regard to the facts and circumstances of the case , we deem it proper to grant bail to appellants. Accordingly, it is directed that if they execute a personal bond in the sum of Rs. 50,000/- each and furnishes one solvent surety each in the like amount to the satisfaction of the Chief Judicial Magistrate, Khandwa, the execution of sentence of imprisonment passed against them shall remain suspended and they shall be released on bail. They shall now appear before the Registry of this Court on 6.5.2014 and on such other dates as may be directed by the office.

The application is allowed.

Certified copy as per rules.

(AJIT SINGH)                                           (S. K.GUPTA)
  JUDGE                                                    JUDGE

rao
 24.03.2014

(AJIT SINGH) (SUSHIL KUMAR GUPTA) JUDGE JUDGE anurag .05.2014 (U.C. Maheshwari) (Sushil Kumar Gupta) JUDGE JUDGE anurag .05.2014 (SUSHIL KUMAR GUPTA) JUDGE anurag .04.2014 (AJIT SINGH) (SUSHIL KUMAR GUPTA) JUDGE JUDGE anurag .05.2014 (U.C. Maheshwari) (Sushil Kumar Gupta) JUDGE JUDGE anurag Cr.R.No.2263/06 21 .07.2014 None for the applicant even in third round. Shri Sameer Chile, G.A. for the respondent-State. In the absence of counsel for the applicant case is adjourned.

(Sushil Kumar Gupta) JUDGE as .

12.08.2014 None for the applicant.

Shri Arvind Singh, P. L. for the respondent-State.

(Sushil Kumar Gupta) JUDGE as

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