STATE Vs. DHANANJAY @BAROOD @ PATHAN

JUDGEMENT

(1.) The present Revision petition is filed by the petitioner under Section 397 and 401 read with Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.') to set aside the order dated 24.11.2014 passed by the Additional Session Judge (hereinafter referred 'ASJ'), Shahdara/Karkardooma Courts in FIR No. 243/2014, under Section 392/ 397/ 34 of the Indian Penal Code, 1860 (hereinafter referred 'IPC') whereby the respondent was discharged from the offences under Section 392/ 397/ 34 IPC registered at Police Station Jagatpuri.

(2.) The brief facts of the present case are that on 24.04.2014, the complaint was lodged by one Ms. Deepti Uppal alleging that on 24.04.2014 around 10.05am while she was buying flowers outside the temple, two persons riding on the motorcycle without wearing helmet came from the side of the Vijay Chowk, and snatched her gold chain. As they fled away towards the Veer Bazar, she ran after them but the pillion rider showed her something like pistol due to which she withdrew chasing. Thereafter, on 28.04.2014, the respondent was arrested and his disclosure statement was recorded.

(3.) The learned counsel for the petitioner contended that the Trial Court had erred in passing the said order as the same is based on conjectures and surmises; that the statement of the complainant, refusal to take part in TIP proceedings as well as the other corroborating evidence is sufficient to frame charges against the respondent; that at the stage of framing of charges, the court cannot examine or assess in detail the material placed on record by the prosecution; that to substantiate its case, he had placed reliance on State of Maharashtra vs. Priya Sharan Maharaj and State of Delhi vs. Gyan Devi & ors., 2001 AIR(SC) 40. At this juncture, the said order is liable to be set aside.