ANITA DAHIYA Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, (for short the 'Code') challenges the legality, validity and correctness of order dated 26.11.1992 passed by the learned Addl. Sessions Judge (ASJ) ordering summoning the petitioner under Section 319 of the Code in a case under Sections 395/397/34, IPC.

(2.) A dacoity was committed at house No. CP-13, Pitampura, Delhi at about 12.30 p.m. on 18.1.1992 when cash and jewellery were looted after putting in fear of death of two ladies who were present at the said house, namely Smt. Shakuntia Mann and her daughter-in-law, Anita Dahiya (for short 'Anita'), by use of deadly weapons namely, revolver, country-made pistol and knives. A FIR was lodged by Smt. Shakuntia Mann on 18.1.1992 when a case under Sections 392/34, Indian Penal Code was registered at Police Station Shalimar Bagh. On investigation, involvement of some more accused was found, however only four of the accused persons, namely Khalil Ahmed, Sushil Jain, Uddal Singh and Dulal could be arrested on 16.4.1992. These accused had made disclosure statements and they are also alleged to have got recovered some of the looted property which was identified in TIP by the aforesaid two ladies.

(3.) In the T.I.P. held by the learned M.M., the accused Khalil Ahmed was identified by Public Witness PWs Subhash, Ishwar and Anita.