Madhya Pradesh High Court
Rajesh Desai vs The State Of Madhya Pradesh on 1 July, 2024
1 CRR-1927-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 1 st OF JULY, 2024
CRIMINAL REVISION No. 1927 of 2024
(RAJESH DESAI
Vs
THE STATE OF MADHYA PRADESH)
Appearance:
SHRI SYED ASIF ALI WARSI - ADVOCATE FOR APPLICANT.
SHRI AJAY RAJ GUPTA - GOVT. ADVOCATE FOR THE
RESPONDENT/STATE.
ORDER
The applicant has preferred this criminal revision under Section 397/401 of Cr.P.C. against the impugned order dated 08/04/2024, whereby charges under Section 459, 333, 324, 294, 506 Part-II of IPC and Section 3/4 of the Security Act, 2008 for Madhya Pradesh Doctors and Associated Medical Care People have been framed.
As per prosecution story on 13/10/2023 at about 11:15 AM complainant Dr. Shashank Saxena was present in the office of Civil Surgeon, Agar Malwa. The applicant trespassed the place with preparation to cause grievous hurt to the complainant and actually caused grievous hurt and also abused and threatened him.
Learned counsel for the applicant submits that the chamber of civil surgeon is a public place, which is neither a place for worship nor a place used for human dwelling, therefore, charge under Section 459 is not attracted. Hence, he prays for allowing the revision and submits that charge under Section 459 may be quashed.
Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 02-07-2024 19:09:222 CRR-1927-2024 On the other hand, counsel for the State opposed the prayer and submits that chamber of civil surgeon is not only used for human dwelling for official purposes but is also used for custody of the property, therefore, it cannot be said that ingredients of Section 459 are not attracted. On this contention, he prays for dismissal of the revision.
Heard learned counsel for the parties and perused the record. It is of common knowledge that chambers of public officer are not only used for sitting and holding public meetings but also used for placing the records, which are very much in the nature of valuable property, therefore, the contention raised on behalf of the applicant that chamber of civil surgeon is not a place which comes under the purview of Section 459 is not tenable.
During the course of argument, he has not pressed this revision so far as other charges are framed against the applicant, therefore, in the considered opinion of this Court, this revision being devoid of merit substance, fails and is hereby dismissed.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 02-07-2024 19:09:22