Dismissed

Sahiluddin v. the State of Madhya Pradesh

Madhya Pradesh HC12 Oct 2023CRR/2396/2022

Case brief

AI extract

What is this about?

This order dismisses criminal revisions filed against the framing of charges for offences including culpable homicide, forgery, and abetment arising from unregistered medical practice. The court held that mere lack of verification on a partnership deed is not a ground for discharge.

What did the court decide?

Both Criminal Revision No. 2396 of 2022 and No. 1370 of 2022 are dismissed for lack of merit.

Sahiluddin Vs the State of Madhya Pradesh — Property and Title | Madhya Pradesh HC (2023)

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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

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BEFORE

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HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 12^th OF OCTOBER, 2023

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CRIMINAL REVISION No. 2396 of 2022

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BETWEEN:-

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SAHILUDDIN S/O SHRI SHAMSHUDDIN KHAN, AGED ABOUT 32 YEARS, PURA RAJGARH, P.S. RAJGARH (MADHYA PRADESH)

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.....PETITIONER

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(BY SHRI RAJEEV BHATJIWALE - ADVOCATE)

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AND

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THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION RAJGARH (MADHYA PRADESH)

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.....RESPONDENT

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(BY MS. HARSHLATA SONI - G.A./P.L.)

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CRIMINAL REVISION No. 1370 of 2022

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BETWEEN:-

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TANVEER S/O LATE AJAZ HUSSAIN WARSI, AGED ABOUT 49 YEARS, OCCUPATION: JOURNALIST 28, KARAMCHARI COLONY, BIORA (MADHYA PRADESH)

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.....PETITIONER

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(BY SHRI RAJEEV BHATJIWALE - ADVOCATE)

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AND

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THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION RAJGARH (MADHYA PRADESH)

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.....RESPONDENT

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(BY MS. HARSHLATA SONI - G.A./P.L.)

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Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12 -10-2023 17:27:22

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These revisions coming on for admission this day, the court passed the following:

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ORDER

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This order shall govern the disposal of both these criminal revisions as the same have arisen out of the Crime No.260 of 2021 registered at Police Station - Rajgarh, District Rajgarh under Sections 304, 336/34, 468, 471/34, 120-B/34 IPC; Section 8 M.P. Upcharya Grah Avam Rajopchar Sambandhi Sansthayen (Registration Tatha Anugyapan) Act 1973 read with Section 34 of IPC, Section 23 of The Registration of Births and Deaths Act, 1969 read with Section 34 of IPC.

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These revisions have been filed against the framing of charges dated 09.03.2022 whereby charges under the aforementioned Sections have been framed against both the petitioners.

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Counsel has submitted that the only document, which according to the prosecution, connect the petitioners with the offences, is a partnership deed, however, in which it is stated that the petitioners Sahiluddin and Tanveer are also the partners of the aforesaid firm along with Vinod Sharma. Counsel has submitted that the signatures of the aforesaid deed have not been verified by the prosecution and thus, they are liable to be discharged. It is also submitted that no case under Section 304 of IPC is made against the petitioners.

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Counsel for the State has opposed the prayer.

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Having considered rival submissions, perusal of the charge-sheet which is filed along with revision, it is found that the allegations against the petitioners are that they were running a Nursing Home without registration and a deed of partnership is also filed along with the charge-sheet in which it is stated that both these petitioners Sahiluddin and Tanveer as also the other co-accused are

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Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12 -10-2023 17:27:22

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3 the partners of the aforesaid firm and shall be entitled to inspect the Hospital as and when required. In such circumstances, this Court is not inclined to allow these criminal revisions as it is for the petitioners to prove their case by leading cogent evidence and merely because the signatures of the aforesaid documents are not verified, no case for interference is made out.

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Accordingly, both the revisions being devoid of merits, are hereby dismissed.

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It is made clear that this Court has not reflected upon the merits of the

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case.

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(SUBODH ABHYANKAR)
JUDGE
Pankaj

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Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 12 -10-2023 17:27:22