STATE Vs. UMESH BHATIA

JUDGEMENT

(1.) The present revision petition is directed against an order dated 16.9.80 of a Metropolitan Magistrate, Delhi discharging the respondents, in respect of offences punishable u/s 392 and 394 read with S. 34 Indian Penal Code alleged to have been committed by them.

(2.) A report u/s 173 of the Code of Criminal Procedure was sent against the aforesaid respondents. The facts, as narrated by the police, are as follows

(3.) On 14.7.77, a Quawali party headed by a lady was giving performance at Hotel Moti Mahal, Darya Gang, to entertain the people who happened to be taking dinner. Nichhater Singh (the complainant) and his two companions, namely, Mohan Singh and Prem Kumar were taking dinner. At that time, the complainant was armed with a revolver loaded with six cartridges which was tied by means of a belt to his waist. There were 8 other live cartridges of the revolver in the space meant for them which was attached to the belt. The respondents along with one Anand Vardhan Aggarwal were also taking dinner on an adjoining table. All of them were unarmed.