QAMAR ABBAS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed by the petitioner under Sections 397 & 401 read with Section 482 Cr.P.C. praying inter alia for setting aside the order on charge dated 19.11.2010, passed by the learned A.S.J. in a case arising out of FIR No.155/2010, framing charge against him under Section 397 I.P.C..

(2.) The main grievance of the petitioner is that the said order of charge against him has been passed in the teeth of the statements made by Mr. Kailash Chand Jain and Mr. Ratan Lal Sharma, both employees of the complainant, Mr. Deepak Garg, which specifically state that it was the co-accused, Mr. Krishan @ Lalva, who had forcefully taken the P.A.N. card, diary and cash amount from the pocket of Mr. Ratan Lal and the other co-accused who had taken the wrist watch of the complainant, whereas the third co-accused had taken the cash amount of Rs. 12 lakhs from the almirah and put it in it bag. He states that initially in the T.I.P. held on 5.7.2010, the petitioner was not identified, and in spite of this fact, he was taken in police custody and thereafter on 8.7.2010, recoveries of P.A.N. card and diary were shown to have been made from him, fraudulently. It is also the contention of the counsel for the petitioner that as no role has been attributed to the petitioner in robbing of the complainant and his employees, the charge against him has been wrongly framed.

(3.) The incident in the present case is stated to have occurred at 3.00 P.M. on 9.6.2010, when, as per the complainant, Mr. Deepak Garg, he was at his office at Adarsh Nagar, Delhi, and two persons entered his office, asking for one Mr. Govindji and thereafter took out pistols. After some time, two more persons entered the office, who too had pistols. They overpowered the complainant and others present, and robbed them of Rs. 16.00 lacs, their mobile phones and a purse containing a driving licence, club card, P.A.N. Card, etc. It is alleged that all the accused persons disconnected the telephones at the office of the complainant and also took away his mobile phones and those of others present and after confining them in a room, ran away.