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2012 Supreme(Del) 2500

MUKTA GUPTA
Jitender Singh @ Motu – Appellant
Versus
State NCT of Delhi – Respondent


Advocates:
For the Petitioners:Ms. Aasha Tiwari, Advocate.
For the State : Mr. Mukesh Gupta, APP.

JUDGMENT :

Mukta Gupta, J.

1. By this petition the petitioners impugn the order dated 8th April, 2008 whereby the learned Metropolitan Magistrate directed framing of charges under Sections 394/506/323/341/34 IPC and the order dated 8th April, 2008 framing charge for the said offences.

2. Learned counsel for the Petitioners contends that on the statement of Sanjay Kumar, FIR under Section 394/506 IPC was registered as he alleged that Kaku, Billo, Motu and Meena beat him with fist blows and kicks, Billo snatched his chain and Motu snatched his purse from his shirt pocket. As per the MLC collected, the injuries on the complainant were opined to be simple blunt. Thus, Sections 341/323 IPC were also added. However, during investigation supplementary statement of Sanjay Kumar was recorded wherein he stated that today his friend Ravinder Vasudev came to his house and gave him one black colour purse containing Rs. 3,000/-, some visiting cards, his license and his gold chain which he recognized. Thus his earlier statement was incorrect. When he was beaten, he felt dizzy and on checking he found his wallet and chain missing, thus, he thought that the same has been taken away by the Petitioners













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