DALIP KUMAR Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioners have filed this revision petition under Section 397/401 read with Section 482 of the Code of Criminal Procedure, against Order dated 21st of January, 1994, passed by the Additional Sessions Judge, Delhi, in which a charge against the petitioners was framed undersection 399/402, Indian Penal Code. Brief tacts necessary to dispose of this application are reproduced as under:-

(2.) That on 8th August, 1990 at about 7 P.M., the Police received information from a seeret informer that at about 7.30 P.M. a Maruti Van No.DNJ-0525 occupied by 5 persons will come to Loha Mandi, Naraina, Delhi, for the purpose of committing dacoity. On the basis of the secret information, a raiding party was prepared. At about 7.30 P.M. on 8-8-1990, the Maruti van was stopped at Naraina Flyover and the Police succerded in apprehending four accused persons and the fifth succeeded in escaping. It is the further case of the prosecution that on personal search of the accused persons, a katta, buttondar knives and a dagger were recovered from them. After completion of investigation, the petitionvrs along with two others, were challaned under Sections 25/54/59. Arms Act, and Section 399/402 of the Indian Penal Code, while accused Chander Shekhar was separately challaned u / s 5 of the Terrorist and Disruptive Activities Act (TADA).

(3.) The present petition is preferred on behalf of 1) Dalip Kumar (" Raju, 2) Biresh Sharma and 3) Chander Sekhar Sharma. Learned counsel appearing for the petitioners pa submitted that Charge under Section 399/402 of the Indian Penal Code, framed against the petitioner has been erroncously framed because the ingredients of the offence arc not made out.