67 7 0 0 CriminalRevision No1919 of2009 O8MI 1 In the HighCourt of Punjaband Haryanaat Chandigarh CriminalRevision No1919 of 2009 OSMI Date ofdecision 70902010 Kamlesh Sharma o Petitioner 1 Versus t 0 I State of PunJaband another Respondents Z CORAM HONBLE MRS JUSTICE SABINA 2 Present MrAPS DeoI Sr Advocate with Mr VipinMahajanAdvocate for the petitioner a Msajni Gupta AddlGunjab MrArun AbroI Advocate 7 Z for respondentNo k 7t k SABINA J This petitionhas been filed under Section 401 of the Code of Criminai Procedure for settingaside the impugnedorder dated 11 5 2009 passedby the Additional Sessions Judge4dhocl Fast Track Court Gurdaspurvide which revision petitionfiled by 0 Anita 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 68 P 1 0 m CrimtnaiReviston No 1919 of2009 OSMl 2 1 No2 againstframingof chargeunder Section 452 has been accepted Prosecution case in brief IS thatthe accused persons armedwith dangs kirpansand iron rods forciblyentered the school premisesthe office of the complainant and the office of the principal of primaryschool and started abusingthem and ransacked their office The school record was also torn by the accused The trial t Court framed the chargeagainstthe accused under Sections 452 0 325 323 324 148 and 149 IPC Aggrievedby the same accused t Dinesh Shastri and others filed a revision petitionand the Iearned 3 Additional Sessions Judgevide the impugnedorder held that the I offence under Section 452 1PC was not attracted in the presentcase Z and hence the trial Court was directed to frame chargeafresh against the accused in accordance with Iaw Hence the present reviSion X petitionby the complainant C8 Learned counsel for the petitionerhas submitted that the Iearned Additional Sessions Judge had erred in holdingthat no meo Z offence under Section 452 IPC was made out in this case In fact the school premiseswas Iiable to be considered as a buildingused as a human dwellingand hence the provisionsof Section 452 were duly attracted In this case In supportof his arguments Iearned counsel has placedreliance on the decision of a Division Bench of this Court in The State vs Nihal Sinqh and others PLR 440 wherein it was held as under 4 Anita 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 69 f 0 1 0 CriminalRevision No1919 of2009 OSMI 3 It is true that one fact of the dictionary meaningof dwell is to remain as in a permanent residence to have ones abode to reside But that is not the onlyconnotation of the term which is of wide amplitudeand is used in several shades and senses The 0 originalappearance of the word in English vide shorter Oxford Dictionary t Third Edition and Websters New International 0 DictionarySecond Editionl was dwellan or I dwellian akin to dull which originallymeant 0 tolingerdelay tarry l n current use also it retains I the meaninglto abide remain or Iingerfor a time in Z place or co ndition tl Thus construed the term a 2 L dwellingin section 380 Indian Penal Code means Z a buildingtent or vessel in which a person Iives a5 remains or Iingers whether permanentlyor temporarily4Railwaywaitingroom therefore is a w Z buildtngused as a human dwellingand a theft committed therein would be punishableunder SectIon 380 Indian Penal Code The beingthe case the Iearned Magistrate wasin errorin altering the chragefrom one under Section 380 to that under Section 379 Indian Penal Code and his further order in allowing compositIonof this Anita 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 70 D Criminal Revision No 1919 of2009 OSMl case which was one under Section 380 Indian Penal Code and the accused on the basis thereof was vitiatedand without ll Learned counsel has next placedreliance on a single 1 Benchdecision of the Orissa HighCourt in MangaraiBarik and t othersv State of Orissa 1982 CrllJ 1631 wherein it was held 0 C3 that a school is a used as a human dwellingwithin I C of Section 442 IPC I Learnedcounsel for respondentNo2 on the other hand Z has that school is a publicplaceand hence no oHence r under Section452 IPC is made out In suppoitof his argumenthe tr placed reiiance on the decision of a Division Bench of this Court in I C45 State of Harvana vs Prem Sinqh 200741Criminal Court Cases ClO 627 wherein it was held as underl I7 Z It is also deserves to be noticed that the depthof 11 the injuryhas not been givenby DrAman BajajPW1 thereforein the wake of the aforesaid circumstances the Nol is rendered simplefor which the respondent has been Even otherwise in the absence of the proofof any intention to commit murder and attempt made pursuantthereto the accused could not be said to havecommittedthe offence under Section 307 IPC As regards the offence under Section 452 1PC is Anita 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 7 1 e 0 CnminalRevIsion No 1919 of2009 08MI 5 concerned the occurrence took place Irl the school therefore the same beingpublicplacethe provisionsof Section 452 IPC are not attracted 11 Learned counsel has next placed reliance on the decision of a Division Bench of the ApexCourt In Murii SDeora vs Unionof India 2002 11RCR Criminall680 wherein It was held as underl m C Reaiising the gravity of the situation and 0 the adverse effect of smokingon smokers and passivesmokers we direct and prohibitsmokingin CD publicplaces and issue directions to the Un ion of 1ndia StateGovernment as well as the Union Territories to take Z effect stepsto ensure smokingin publicplaces L namely I Auditoriums c8 2 HospitalBuildings 3 Health institutions Z 4 Educational Institutions Qe Libraries 6 Court Buiidings 7 Public Offices Il 8 Public ConveyancesincludingRailways After hearingIearned counsel for the parties am ofthe opinionthat the presentpetitiondeserves to be dismissecl Anita 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 1 7 0 1 Criminal Revision No1919 of 2009 OSMl 6 1 Section 452 1PC reads underl Houseetrespassafter preparation for hurt assault or wrongfulrestraint Whoever commits having made preparationfor causinghurtto any person or for assaultingany personor for wrongfullyrestrainingany person or for puttingany person in fear of hurt or of assault 1 of wrongfulrestraint shall be punishedwith or 0 imprisonment of either descriptionfor a term which 0 I mayextend to seven years and shall also be Iiable to fine Section 442 IPC reads underl Z House4respassl tX Whoever commits criminal trespass by entering I into or remaining in any buildingtent or vessel 08 used as a human dwellingor any buildingused as a placefor worshiporasa placefor the custodyof Z propettyis said to commit house4respass Il In the presentcase the occurrence in questionhas taken place In a school Wh ile consideri ng this aspect as to whether provIsionsof Section 452 IPC are applicableto a schooi or not a Division Bench of this Court has held that the school Is a publicplace and hence provisionsof Section 452 IPC are not attracted The controversyinvolved in this case is no Iongerres integra The Anita 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 i 0 1 Criminal Revision No 1919 of2009OSMl 7 relied upon bythe Iearnedcounsei for the petitioner fail to advance the case of the petitionerin view of the decision of a Division Bench of this Court n State of Harvana VS Prem Sinqhs case supral Accordinglythis petitionis dismissed 1tX JUDGE 0 7 2010 0 anita l D l I 10 Z 2 I r43 W9 Z Anita 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