ASHRAF Vs. STATE

JUDGEMENT

(1.) This is a revision petition filed under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 (in short "Cr.P.C."), seeking setting aside of the impugned order dtd. 11/5/2022 and order on charge dtd. 26/5/2022 passed by the learned Additional Sessions Judge in SC No.346/2021, titled as "State vs. Pankaj and Ors." pertaining to F.I.R. No. 039/2021 dtd. 24/1/2021, under Ss. 395/365/120B/412/34 IPC registered at Police Station Seelampur, whereby the learned Trial Court had framed the charge under Sec. 412 IPC, 1870 qua the petitioner.

(2.) The learned counsel for the petitioner submits that the petitioner is a small time Scrap dealer, who earns his livelihood by buying and selling scrap material. As per the allegations, Abdul Salam @ Mulla, one of the accused, contacted him to sell the stolen copper scrap for which the petitioner paid an appropriate price.

(3.) The learned counsel for the petitioner submits that the chargesheet in the present case was filed on 3/5/2021, implicating him u/s 412 IPC without proper consideration of legal aspects and in ignorance of the facts of the case.