NASEEM KHAN Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 ( Crpc ) filed by the Petitioner challenging an order dated 18th January, 2006 passed by the learned Metropolitan Magistrate ( MM ), Delhi holding that a prima facie offence is made out in FIR No. 393/99 under Sections 354/341/323/506 ipc against the Petitioner and an order dated 16th March, 2006 passed by the learned Additional Sessions Judge ( ASJ ), Delhi dismissing the Petitioner s criminal Revision Petition No. 2/2006 upholding the aforementioned order dated 18th January, 2006 passed by the learned MM.

(2.) THE FIR was registered on the complaint received from one Ms. Seema, a resident of 521, G. B. Road, alleging that the Petitioner on 4th November, 1999 at about 6. 00 pm came in a car and snatched a chain that she was wearing. The inquiry conducted by the police on the said complaint as recorded in the case diary, concluded that no such incident had taken place. It was found that the complainant and the Petitioner had relations with each other. No witness was available on the spot and no offence was held to have been made out.

(3.) IT appears that despite the aforementioned report, the learned MM on 4th May, 2002 took cognizance of the offence.