VIRENDER Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the Petitioner for quashing of FIR No. 401/2004 registered under Section 409, P.S. Tilak Marg.

(2.) BRIEFLY stated the facts of the case are that an FIR bearing No. 610/2000 under Section 308/34 IPC was registered on 9.7.2000 by P.S. Dabri against some accused persons. The investigation of the case were handed over to the present Petitioner. It is alleged by the present Petitioner, that an accused by the name of Bharat was arrested by him in respect of the aforesaid FIR No. 610/2000 on 9.7.2000. In pursuance to the disclosure statement of the said accused i.e. Bharat, a weapon of offence which was a Darati was seized and the same is alleged to have been deposited with the Malkhana of P.S. Dabri.

(3.) ON account of these statements of the witnesses during the course of trial, the learned Additional Sessions Judge made a written complaint to the P.S. Tilak Marg against the present Petitioner on the basis of which an FIR No. 401/2004 was registered under Section 409 IPC by P.S. Tilak Marg.