RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) This petition has come up in consequence of an order made on 27.7.73 by Additional Sessions Judge, Delhi in exercise of the jurisdiction provided by S. 438 of the Cr. P.C. whereby he has recommended that the order directing the framing of charge against the petitioner made by Sh. M.S. Rohilla. Judicial Magistrate on 29 3.73 be quashed.

(2.) The petitioner was one of the 4 persons against whim the trial Court framed the charge on the 2nd of May, 1973.

(3.) The prosecution allegations were that Rs. 2,940.00 were stolen from the shop of one Ram Avtar in East Punjabi Bagh Market. It was alleged that the petitioner was arrested on the 25th of May, 1971 and a transistor and a wrist watch were recovered from his possession. His statement was recorded on the basis of which the others were arrested.