PRAVEEN CHOUDHRY(DR.) Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 Cr.P.C. is directed against the order passed by the learned 16 Additional Sessions Judge, Indore in Criminal Case No.837/2014 dated 18.02.2015 whereby the learned Additional Sessions Judge dismissed the revision filed against the order passed by the learned Judicial Magistrate First Class, Indore in Criminal Case No.19764/2013 dated 11.09.2014 wherein the learned Magistrate framed charges under sections 294, 353 and 406 of IPC.

(2.) The learned Additional Sessions Judge partly allowed the revision and discharged the applicant from charges under sections 353 and 406 of IPC on the premise that to prosecute under these sections permission of the State Government is necessary and without permission the prosecution cannot continue. However, the learned Additional Sessions Judge dismissed the application in respect of charge under section 294 IPC.

(3.) The facts giving rise to this application are that the present applicant is working as Assistant Professor in Government Naveen Vidhi Vidyalaya, Indore. According to the prosecution story, on 01.05.2013 the examination of L.L.M. (III -Semester) was being held in the law college. The present applicant was performing his official duties in Room No.11. It was alleged that the seating arrangement for 21 candidates was made in Room No.11, out of which 19 candidates turned up. After the examination, the present applicant was under an obligation to return two blank answer books but he returned only one answer book and when the Examination Center In -charge and Principal of the college asked for the reason for not returning one answer book, the present applicant misbehaved with her and used abusive language and also pushed her. The Principal being a woman felt bad about it and subsequently, she lodged a complaint against the present applicant on which a crime under sections 406, 353 and 294 was registered by the Police Station Bhanwarkuwa at Crime No.368/2013.