Usha Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 6863 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 27 th OF APRIL, 2023
                CRIMINAL REVISION No. 1414 of 2022

BETWEEN:-
USHA JAIN W/O AJEET JAIN, AGED ABOUT 58 YEARS,
OCCUPATION: LHB SUPERVISOR (AT CHC ISHAGARH)
R/O BEHIND POLICE STATION ISHAGARH DISTRICT
ASHOKNAGAR (MADHYA PRADESH)

                                                            .....PETITIONER
(BY SHRI VIBHOR KUMAR SAHU - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE   STATION  ISHAGARH   DISTRICT
      ASHOKNAGAR (MADHYA PRADESH)

2.    RAMKRISHAN JATAV, S/O GULAM JATAV, AGED
      ABOUT 26 YEARS, R/O VILLAGE MANAK CHOK
      POLICE STATION ISHAGARH, TEHSIL ISHAGAR,
      DISTRICT ASHOKNAGAR (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI G.S. CHAUHAN - PUBLIC PROSECUTOR)

      Th is revision coming on for hearing this day, th e court passed the
following:
                                  ORDER

This criminal revision has been filed under Section 397 r/w 401 of CrPC against the order dated 08.01.2021 of framing the charges in Crime No. 221/18

passed by IInd Additional Sessions Judge, District Ashoknagar for the offence punishable under Sections 304/34 of IPC r/w Sections 3(2)(5) of SC/ST Act.

Facts of the case are that on 25.06.2018 at CHC Ishagarh, Hemabai

(decesed) has died during the pregnancy delivery in the hospital and in this regard an intimation was given to the police station. Thereafter, an enquiry was conducted and as per the report, on 25.06.2018 after delivery of the baby child, deceased died. Thereafter, the concerned police station was informed and merg enquiry has been made bearing No.39/2018 under Section 174 of Cr.P.C and post-mortem was conducted. After completion of investigation, charge sheet has been filed.

Learned counsel for the petitioner submitted that revisionist is a public servant and alleged incident has been committed during the course of discharging of her official duty. Learned counsel for the petitioner in support of

his contention has drawn the attention of this Court on a judgment of the Apex Court in the case of (Gauri Shankar Prasad Vs. State of Bihar and Another) in (Criminal Appeal No.379 of 2000) decided on 19.04.2000.

Looking to the aforesaid facts and circumstances of the case, impugned

order dated 08.01.2021 passed by IInd Additional Sessions Judge, Ashoknagar is set aside and FIR bearing Crime No.221/18 registered at Police Station Ishagarh District Ashoknagar is hereby quashed.

Accordingly, this revision stands allowed and disposed of. C.C. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

ADNAN Digitally signed by ADNAN HUSAIN ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

HUSAIN GWALIOR, 2.5.4.20=43f3ff8f444225f9f0d9c30497105a bb80e91238ac53cf96a7b005e256158275, postalCode=474001, st=Madhya Pradesh, serialNumber=922E3DC382E0127257CE0D

ANSARI CC4E29CD410E0BF39FAB6AA6DCB81675B B2AF2DFCF, cn=ADNAN HUSAIN ANSARI Date: 2023.04.27 15:46:25 +05'30'