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Category: High Court of Madhya Pradesh Judgment or Order or Notification

Rajendra Kumar Vs Rukhmani Bisen on 02 Feb 2023

Posted on May 16 by ShadesOfKnife

A single bench judge of MP High Court at Jabalpur held as follows,

From Paras 5 and 6, (What is an interlocutory order?)

5. Now question remains for consideration is whether the order of interim maintenance passed under Section 125 of Cr.P.C is an interlocutory order? Consequently, whether criminal revision petition is lie against that order?
6. Term ‘Interlocutory Order’ has not been defined in the Cr.P.C. Hon’ble Apex Court in the case of V.C. Shukla vs State, reported in AIR 1980 (SC) 962, has given following observation in para No.23 regarding the nature of interlocutory order:-
“Thus, summing up the natural and logical meaning of an interlocutory order, the conclusion is inescapable that an order which does not terminate the proceedings or finally decides the rights of the parties is only an interlocutory order. In other words, in the ordinary sense of the term, an interlocutory order is one which only decides a particular aspect or a particular issue or a particular matter in a proceeding, suit or trial but which does not however conclude the trial at all. This would be the result if the term interlocutory order is interpreted in its natural and logical sense without having to resort to Criminal Procedure Code or any other statute. ‘That is to say, if we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above, and this is what the term interlocutory order means when used in s. 11(1) of the Act.”

From Para 9,

9. In the case of Sumerchand vs Sandhuran Rani and Others, reported in 1987 Cr.L.J. 1396, Sunil Kumar Sabharwal vs Neelam Sabharwal, reported in 1991 Cr.L.J. 2056 High Court of Haryana and a order dated 15.11.18 passed by the High Court of Uttarakhand in the case of Ashu Dhiman vs Smt Jyoti Dhiman, Cr. Misc. Application (C-482) No.434/2018, it has been held that an order passed for interim maintenance under provisions of Section 125 of Cr.P.C is not an interlocutory order, hence, criminal revision petition is maintainable against such order.


Citations:

Other Sources:

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 125 - Order for Maintenance of Wives Children and Parents Rajendra Kumar Vs Rukhmani Bisen Reportable Judgement or Order | Leave a comment

Abhishek Singh Vs State of M.P. on 26 Dec 2022

Posted on January 7 by ShadesOfKnife

A single judge bench of MP High Court held as follows, relying on Reema Aggarwal decision here

From Para 9,

9. Though it is an admitted position that complainant/respondent No.4 was already married and had a living spouse, when she contracted the second marriage with petitioner, however, there is no indication of word ‘valid marriage’ in Section 498-A of I.P.C. The language used therein is ‘husband or relative of husband’. These words not only rope in those who are validly married but also anyone who has undergone some or other form of marriage and thereby assumed for himself the position of husband.

Abhishek Singh Vs State of M.P. on 26 Dec 2022
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abhishek Singh Vs State of M.P. Legal Procedure Explained - Interpretation of Statutes Misinterpretation of Earlier Judgment or Settle Principle of Law | Leave a comment

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Posted on May 3, 2022 by ShadesOfKnife

A single judge bench of Madhya Pradesh High Court at Gwalior held that, a false Statement which doesn’t affect the outcome of case can’t invoke 340 CrPC proceedings.

Kamla Sharma and Ors Vs Sukhdevlal and Ors on 18 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 340 - Dismissed/Rejected Kamla Sharma and Ors Vs Sukhdevlal and Ors Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Reportable Judgement or Order | Leave a comment

Vipin Rajput Vs State of MP on 13 Apr 2022

Posted on April 23, 2022 by ShadesOfKnife

High Court of MP said that, the Advocates would be answerable for the consequences suffered by the clients if the non-appearance was solely on the ground of a strike call..

From Para 6,

6. From the impugned order, it is clear that on 28.12.2021 Ranjana Chauhan (PW-18) had appeared and her examination-in-chief was recorded and in spite of various judgments passed by the Supreme Court as well as High Court, by which strike by the lawyers has been declared to be illegal, the lawyers were abstaining from work. Thereafter, at the request of the applicant, cross-examination of Ranjana Chauhan (PW-18) was deferred for the next date and on the next date, i.e., 29.12.2021 counsel for the applicant did not cross-examine her. The case was then adjourned to 11.01.2022 and on the said date also, counsel for the applicant did not cross-examine Ranjana Chauhan (PW-18). Thus, it is clear that not only, the lawyers were abstaining from work contrary to the judgment passed by the Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and another reported in (2003) 2 SCC 45, but the counsel for the applicant was out and out to harass the prosecution witness Ranjana Chauhan (PW-18) as he did not cross-examine her in spite of an opportunity given by the Trial Court on 29.12.2021 and 11.01.2022.

From Para 10,

10. Thus, it is clear that the Advocates would be answerable for the consequences suffered by the clients if the non-appearance was solely on the ground of a strike call. On 28.12.2021 the prosecution witness was not cross-examined because the lawyers were abstaining from work. The Bar cannot justify its strike merely by saying that they are not on strike, but they are abstaining from work. Strike and abstaining from work is one and the same thing. In spite of the fact that the lawyers were on illegal strike by calling it as abstaining from work, the Trial Court fixed the case for the next date, i.e., 29.12.2021 for cross-examination of prosecution witness Ranjana Chauhan (PW-18). However, in spite of that, the counsel for the applicant did not cross-examine her. Thereafter, the case was again fixed for 11.01.2022 and on the said date also, counsel for the applicant did not cross-examine her.

From Para 11 and 12,

11. It is submitted by the counsel for the applicant that since the trial involves serious disputed questions of facts and law, therefore, counsel for the applicant was required to make preparation for cross-examining the prosecution witness and, therefore, he could not cross-examine her on 11.01.2022 and further it was already 5:15 PM.
12. The submission made by the counsel for the applicant is not acceptable. The Trial is pending since 08.02.2017, i.e., the date on which the charges were framed. Even after a long five years of pendency of trial, if the counsel for the applicant has not prepared the case, then only he is to be blamed.
13. So far as the contention of the counsel for the applicant that since it was already 5:15 PM, therefore, he did not cross-examine her is concerned, it is clear from the order sheet of the Trial Court that the witness had appeared at 3:00 PM but pass over was sought by the counsel for the applicant. If the Court had accommodated the counsel by passing over the matter, then the counsel cannot make a complaint that since working hours were over, therefore, he had a right to refuse to cross-examine the witness.

From Para 14,

14. Under these circumstances, this Court is unable to accept the contention of the counsel for the applicant that the counsel is ready to pay the compensation as well as expenses to the witness out of his own pocket. If the applicant has engaged a lawyer who is not serious towards his profession, then the applicant has a remedy to approach the Bar Council and if the counsel for the applicant was working as per the instructions of the applicant, then the applicant cannot run away from his liability of not cross-examining the prosecution witness Ranjana Chauhan on 28.12.2021, 29.12.2021 and 11.01.2022.

From Para 16,

16. However, liberty is granted to the applicant that in case, if his counsel had acted contrary to his instructions and did not cross-examine the witness in spite of his clear instructions, then he shall have a remedy of filing a civil suit for claiming compensation. He shall also have a remedy to approach the Bar Council against his local counsel for abstaining from work in spite of the law laid down by the Supreme Court in the case of Ex-Capt. Harish Uppal (supra).

Vipin Rajput Vs State of MP on 13 Apr 2022

Citations :

Other Sources :

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Legal Procedure Explained - Interpretation of Statutes Vipin Rajput Vs State of MP | Leave a comment

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors

Posted on June 28, 2021 by ShadesOfKnife

Two vital and interesting legal questions of interpretation have reached a Division Bench of Madhya Pradesh High court.

On 09 Jun 2021,

The Court framed the questions that need determination

(1) As to whether the provision of Section 156(3) Cr.P.C. can be invoked by accused alleging improper/delayed investigation or not ?
(2) As to whether the provision of Section 161 Cr.P.C. providing for examination of witnesses by the police can include examination of accused also or not, only for the purpose of ascertaining the truth and not for recording confession ?

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 09 Jun 2021

On 24 Jun 2021,

Noting from the submissions of the rival counsels, the Bench held that there are conflicting decision from the Supreme Court on the legal points for determination and so opened up the questions to the entire Bar and sought assistance from the Bar Association.

Kishanvihari Sharma Vs State of Madhya Pradesh and Ors on 24 Jun 2021

On first week of Aug 2021,

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 161 - Examination of Witnesses By Police Kishanvihari Sharma Vs State of Madhya Pradesh and Ors Legal Procedure Explained - Interpretation of Statutes Vinubhai Haribhai Malaviya and Ors Vs State of Gujarat and Anr Work-In-Progress Article | Leave a comment

Vijaysingh Yadav Vs State of Madhya Pradesh

Posted on April 4, 2021 by ShadesOfKnife

 

On 2021-03-26

It was ordered that for mental checkup be done for the accused-Advocate through a qualified Doctor or a psychiatrist and submit report before this Court.

Vijaysingh Yadav Vs State of Madhya Pradesh on 26 Mar 2021
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Advocate Antics Vijaysingh Yadav Vs State of Madhya Pradesh | Leave a comment

Brajmohan Mahajan Vs Bar Council of India on 05 Jan 2021

Posted on March 17, 2021 by ShadesOfKnife

After overcoming getting himself enrolled with MP Bar Council here, this advocate was cleared to appear for AIBE exam at Gwalior examination center.

Brajmohan Mahajan Vs Bar Council of India on 05 Jan 2021
Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Advocate Antics Brajmohan Mahajan Vs Bar Council of India Denial entry for AIBE | Leave a comment

Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors on 11 Sep 2018

Posted on March 17, 2021 by ShadesOfKnife

MP High Court held that, a person who is not convicted but merely accused cannot be denied entry into the State Bar Council rolls.

Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors on 11 Sep 2018

Citation :

Other Sources :


Later on, this advocate had trouble with AIBE exam also here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Advocate Antics Advocates Act Section 24A - Disqualification for enrolment Braj Mohan Mahajan Vs Bar Council of State of Madhya Pradesh and Ors Sandeep Pamarati Work-In-Progress Article | Leave a comment

Zaid Pathan and Ors Vs State of M.P. on 22 Dec 2020

Posted on January 9, 2021 by ShadesOfKnife

Even though the MP High Court held the law point correctly, IMHO, the said FIR which was saved by this Court, has no future, unless it was treated as a FIR registered u/s 154 CrPC, which is what the case is here.

From Para 15 16

15/ The submission of counsel for the petitioners is that as per the procedure prescribed in Section 195 of the Cr.P.C., for the purpose of the offence under Section 188 of the IPC a public servant is required to file a complaint before the competent court and, therefore, the FIR cannot be registered.
16/ Such an argument advanced by counsel for the petitioners is devoid of any merit. A bare reading of Section 195(1) Cr.P.C. reveals that the provisions contained in the sub-section are attracted at the stage of taking cognizance. There is no bar under Section 195 of the Cr.P.C. in respect of registration of FIR, therefore, FIR for an offence under Section 188 of the IPC can be registered by the police and after investigation on the basis of the FIR and the material collected during the course of investigation, a competent public servant can file the complaint before the concerned court. What is barred under Section 195 of the Cr.P.C. is that after investigating the offence under Section 188 of the IPC, the police officer cannot file a final report in the Court and the Court cannot take cognizance on that final report, as at that stage the bar contained in Section 195 of the Cr.P.C. comes
into operation.

Zaid Pathan and Ors Vs State of M.P. on 22 Dec 2020

Citations :

Other Sources :

https://www.indianemployees.com/judgments/details/zaid-pathan-and-others-vs-state-of-m-p

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 195 - Prosecution for contempt of lawful authority of public servants or for offences against public justice and for offences relating to documents given in evidence IPC 188 - Disobedience to Order duly Promulgated by Public Servant Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Zaid Pathan and Ors Vs State of M.P. | Leave a comment

Mukesh @ Lakshminarayan Vs State of M.P. on 31 Dec 2020

Posted on January 9, 2021 by ShadesOfKnife

High Court of Madhya Pradesh held illegal the acts of Notaries in the State, as follows.

Not only the accused persons who have conspired in performing the forged marriage of the complainant, but the Notary who executed the marriage agreement is also equally responsible in this case. The job of the Notary is defined under the Notary Act. He is not supposed to perform the marriage by executing documents. Had he properly guided and refused to execute the marriage agreement to the complainant, then the present offence would not have been committed. This Court is repeatedly receiving the cases of forged marriage performed by the Notary, therefore, the Law Department of the State is required to look into these matters as to how the Notaries and Oath Commissioners are involving themselves in executing the document in respect of the marriage, divorce, etc, which are not permissible under the law. Neither the Notary is authorised to perform the marriage nor competent to execute the divorce deed. Therefore, strict guidelines are required to be issued to the Notaries and oath commissioners for not executing such type of deed, failing which their licence would be terminated. Let a copy of this order be sent to the Principal Secretary, Law Department of State of M.P. For taking action in the matter.

Mukesh @ Lakshminarayan Vs State of M.P. on 31 Dec 2020

Citations :

Other sources :

 

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Mukesh @ Lakshminarayan Vs State of M.P. Notary is not Authorised to Perform the Marriage nor Competent to Execute the Divorce Deed | Leave a comment

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