ARSHAD Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioners impugning the order dated 12. 01. 2009 assed by Shri A. K. Pathak, the learned District Judge, Karkardooma Courts, delhi framing charge against the petitioner no. 1 under Sections 392/34/397 IPC and against the petitioner No. 2 under Section 392/ 34 IPC.

(2.) I have heard the learned counsel for the petitioners and the learned Addl. Pubic prosecutor for the State and gone through the record.

(3.) THE case of the prosecution is that on 6. 8. 2007 at about 10 p. m. the complainant md. Zahir had gone from his house to deliver some urgent documents to his friend Akbar at Shakarpur Bus Stand, Vikas Marg, Delhi. After delivering the said documents to his friend, when he was returning back to his house from the bus stand, he found three or four boys standing at the bus stand, one of whom, namely, Arshad (the petitioner No. 1 herein) took out the complainant's mobile phone from his belt pocket. When the complainant overpowered accused Arshad he passed on the mobile phone to the second boy, who in turn passed it to the third boy. The accused Arshad then pushed the complainant down, took out a bottle of liquor, broke it and rushed towards the complainant. On the complainant's raising alarm, public persons gathered who overpowered the petitioners No. l and 2, who were later on handed over to the police, who had by then arrived at the spot.