DAVINDER KUMAR Vs. STATE

JUDGEMENT

(1.) Being aggrieved by the order dated 3rd November, 1995 framing charges against the petitioner for his having committed offences punishable under Sections 347/365/506/323 & 386/34 IPC, the petitioner has filed the present petition for quashing the order on the ground that there was no material before the Court for framing charges against him. The facts, in short, relevant for deciding this petition are :-

(2.) That the complainant and his wife were induced by his co-brother and cousin Ishwar Chand Harit and his friends by misrepresentation to accompany them to village Prangarh where all of them had alleged to have tied the hands and feet of the complainant after threatening to kill him and had beaten the complainant and his wife and robbed them of Rs.4,000.00 , ring, identity card, watch and golden chain, etc. and also obtained their signatures and thumb impression on certain papers. It is further alleged that after wrongfully confining the complainant and his wife for the whole night in village Prangarh, Ishwar Chand Harit and other persons came back to the house of the complainant and removed one VCP, golden Tikka of his wife and some documents of property from the almirah of the house. In his statement the complainant said that he can identify all the said persons if they were brought before him.

(3.) During investigation, Ishwar Chand Harit made a confessional statement in the presence of the complainant that he along with his accomplices Ravinder Singh of Sikandarabad; Shakeel Ahmed @ Shakeel of Shah Nagar; and Devender Kumar @ Binder of Prangarh and one more person, who had been brought by Shakeel with him, had abducted Narender Kumar Sharma and his wife Raj Kumari on 9th August, 1989 from his house and had beaten them after they had been taken to Prangarh. It was also disclosed by him that he had snatched the golden chain and ring after wrongfully confining them in village Prangarh and had got his signatures on the stamp papers and after coming back to Delhi, he had removed certain articles from his house. Ishwar Chand Harit also got the golden chain, ring, driving licence of the complainant, his identity card, etc. recovered which were taken into possession by the police.