STATE Vs. HASSAN AHMED

JUDGEMENT

(1.) This petition under Sec. 397/401 Cr.P.C is directed against the order dtd. 25/2/2020, passed by the learned District and Sessions Judge, Patiala House Courts, New Delhi, in SC No.58/2020 arising out of FIR No.189/2016, registered at Police Station South Campus for offences under Sec. 392/34 IPC. The learned District and Sessions Judge by the order impugned herein has held that the offence under Sec. 397 IPC is not made out against the accused/respondent herein and the matter has been sent to the learned Chief Metropolitan Magistrate for framing of charge under Sec. 392 IPC.

(2.) The factual matrix which has led to the filing of the instant petition is as under :

(3.) The question which arises for consideration in this case is whether when an act of robbery is committed by showing a revolver/pistol then does an offence under Sec. 397 is made out or not ?