Crim inalRevision No1919 v. Pet it ioner

in allowing com posit I onof t his Anit a 2013.03.23 16: 41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document t 0 I 0 I Z 2 L Z a5 w Z 70 D Crim inal Revision No 1919 of2009 OSMl 1 t 0 C3 I C I Z r t r I C45 ClO I 7 Z 11 case which was under Sect ion 380 I ndian Penal Code t he accused on t he basis t hereof was vit iat edand wit hout Learned counsel has next placed reliance on a single Benchdecision of t he Orissa HighCourt in MangaraiBarik and ot hersv St at e of Orissa 1982 CrllJ 1631 wherein it was t hat a school is a used as a hum an dwellingwit hin of Sect ion 442 I PC Learnedcounsel for respondentNo2 on t he ot her hand t hat school is a publicplaceand hence no oHence under Sect ion452 I PC is m ade out I n suppoitof his argum enthe placedreiiance on t he decision of a Division Bench of t his Court St at e of Harvana vs Prem Sinqh 200741Crim inal Court Cases 627 wherein it was held as underl I t is also deserves t o be not iced t hat t he dept hof t he inj uryhas not been given by DrAm an Baj aj PW1 t hereforein t he wake of t he aforesaid circum st ances t he Nol is rendered sim plefor which t he respondent has been Even ot herwise in t he absence of t he proof of any int ent ion t o com m it m urder and at t em pt m ade pursuantt heret o t he accused could not be said t o havecom m it t edt he offence under Sect ion 307 I PC As regardst he offence under Sect ion 452 1PC is Anit a 2013.03.23 16: 41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 71 0 71 e Cnm inalRevI sion No 1919 of2009 08MI 5 concerned t he occurrence t ook place I rl t he school t herefore t he sam e beingpublicplacet he provisions of Sect ion 452 I PC are not at t ract ed 11 Learned counsel has next placed reliance t he decision of a Division Bench of t he ApexCourt I n Murii SDeora vs Unionof I ndia 2002 11 RCR Crim inall680 wherein I t was held as underl m C 0 CD Z L I c8 Z Qe Reaiising t he gravit y of t he sit uat ion t he adverse effect of sm okingon sm okers and passivesm okers we direct and prohibitsm okingin public places and issue direct ions t o t he Un ion of 1ndia St at eGovernm ent as well as t he Union Territ ories t o t ake effect st epst o ensure sm okingin public places nam ely Audit orium s 2 Hospit alBuildings 3 Healt h inst it ut ions 4 Educat ional I nst it ut ions Libraries 6 Court Buiidings 7 Public Offices 8 Public ConveyancesincludingRailways I l Aft er hearingI earned counsel for t he part ies am oft he opiniont hat t he presentpet it iondeserves t o be dism issecl Anit a 2013.03.23 16: 41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 72 0 1 Crim inal Revision No1919 of 2009 OSMl Sect ion 452 1PC reads underl 1 7 1 6 1 0 0 I Z t X I 08 Z Houseet respassaft er preparat ion for assault or wrongful rest raint Whoever com m it s having m ade preparat ionfor causing hurt t o any person or for assault ingany person or for wrongfully rest raining any person or for put t ingany person in fear of hurt or of assault of wrongful rest raint shall be punishedwit h im prisonm entof eit her descript ionfor a t erm which m ayext end t o seven years and shall also be I iable t o fi ne Sect ion 442 I PC reads underl House4respassl Whoever com m it s crim inal t respass by ent ering int o or rem aining in any building t ent or vessel a hum an dwelling or any building used as a place for worshiporasa place for t he cust odyof propet t yis said t o com m it house4respassI l I n t he present case t he occurrence in quest ionhas t aken place I n a school Wh ile consideri ng t his aspect as t o whet her provI sionsof Sect ion 452 I PC are applicablet o a schooi or not a Division Bench of t his Court has held t hat t he school I s a public place and hence provisions of Sect ion 452 I PC are not at t ract ed The cont roversyinvolved in t his case is no I ongerres int egra The Anit a 2013.03.23 16: 41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 73 0 Crim inal Revision No 1919 of2009OSMl i 1 7 relied upon byt he I earned counsei for t he pet it ionerfail t o advance t he case t he pet it ionerin view of t he decision of a Division Bench of t his Court n St at e of Harvana VS Prem Sinqhs supral Accordinglyt his pet it ionis dism issed JUDGE 2010 7 l anit a l 10 1t X 0 0 D I Z 2 I r43 W9 Z Anit a 2013.03.23 16: 41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document