SUMIT Vs. STATE (GOVT. OF NCT DELHI)

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dtd. 28/1/2020 passed by the learned Additional Sessions Judge, Rohini Courts in FIR no. 563/2018 under Ss. 392/397/302/34 of the IPC and Ss. 25/27 of the Arms Act, 1959 registered with PS Keshav Puram. By the impugned order, the learned Trial Court had held that there is a. prima facie case to proceed against the petitioner for offences under Sec. 392/34, 302/34 of the IPC and under Sec. 25 of the Arms Act, 1959. The court had, accordingly, framed charges against the petitioner for committing the said offences.

(2.) Mr Tyagi, learned counsel appearing for the petitioner contends that the impugned order is palpably erroneous as there are no grounds to charge the petitioner for committing offences punishable under Ss. 392/34 of the IPC or Ss. 302/34 of the IPC.

(3.) The FIR in question was registered on a statement made by one Mukesh Kumar (hereinafter the complainant). He had stated that he resides in Mangol Puri and is employed as a Field Executive in Apeksha International Footwear, Udyog Nagar, Delhi. He stated that on 26/12/2018 at about 02:15 pm, he had come on his motorcycle to ICICI Bank, Lawrence Road for remitting money through RTGS. He stated that after doing so, he left the bank to go to his office on his motorcycle. He stated that as he reached the underpass of Lawrence Road, two boys came on a motorcycle and hit his motorcycle by their motorcycle. The person, who was sitting pillion, took out a pistol in his left hand and showed it to him. He threatened the complainant that he would shoot him if he did not hand over his bag. The complainant stated that under the threat he handed over his bag, which contained a laptop, to the boy who was holding a pistol in his hand. He described the age of that boy to be about 25 to 30 years. He stated that his bag contained his duplicate driving license, original RC of his motorcycle, four ATM cards, passbook of SBI Bank, one mobile phone (Black coloured Nokia having no SIM), keys to his house, some blank cheques and cash of about Rs.2,500.00. The complainant stated that when the boys were about to leave, he asked them to return the bag and told them there was nothing in it. The said boys told him not to follow them otherwise they would shoot him. He stated that he raised an alarm and started running behind the two boys. In the meantime, one person riding a scooter came to his aid and the boy who had a pistol in his hand asked him to run away from the spot. However, the scooter rider did not comply. At that stage, the person who had a pistol in his hand, fired upon the said scooter rider and both the boys fled on their motorcycle along with the complainant's bag. The complainant stated that he called PCR and the PCR van took the injured (the scooter rider who had come to the aid of the complainant) to the hospital.