MANOJ GUPTA Vs. STATE

JUDGEMENT

(1.) This criminal revision petition is directed against the order dated 24/7/1998 framing charge against the petitioner along with other accused persons. As far as this petitioner is concerned, the charge framed is for the offence under Section 120-B Indian Penal Code. The other accused persons are charged for the offences under Sections 448/452/342/506 and Sections 186/353 read with Section 34 Indian Penal Code.

(2.) The allegation against the petitioner is that he conspired with co-accused to take unlawful possession and as such to trespass in the premises, thereby alleging offence under Section 448 Indian Penal Code.

(3.) The trial Court record has been placed for my perusal. The perusal of the same suggests that the complainant, a Security Guard, alleged in his complaint that on 26/4/1995 at about 4.30 P.M. the accused persons trespassed in the premises bearing No.150, Kapil Vihar, Pitam Pura, Delhi by breaking the lock of the staircase and entered the first floor of the premises; that the complainant was confined to the kitchen with the threat that he would be killed in case he raised noise; that the complainant was also caught by accused Balwant Singh and other accused persons went on the upper floor of the premises; that a country made revolver was also put on the temporal region of the complainant by the accused and the accused persons were apprehended by the police and the country made revolver, cartridges also recovered from the possession of one of the accused person.