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2019 Supreme(Del) 1090

R.K.GAUBA
Manoj Kumar – Appellant
Versus
State – Respondent


Advocates Appeared:
Gautam Khazanchi, Adv., Akhilesh Kumar, Adv., Amit Ahlawat, Adv., Avinash Kumar, Adv.

JUDGMENT :

R.K. Gauba, J.

The appellant along with five others stood trial in Sessions case no.101/2004 in the court of the additional sessions judge on the basis of reports (charge-sheets) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.PC) which were submitted upon conclusion of investigation into first information report (FIR) no.53/2001 of police station Chitranjan Park and nos.202-05/01, all of police station Malviya Nagar. The FIR no.53/2001 had been registered on 07.03.2001 at the instance of Vineet Oberoi (PW-1) regarding offences punishable under Sections 392, 394, 397 of Indian Penal Code, 1860 (IPC). On 08.03.2001 at about 8.20 a.m., the police officers of special staff allegedly arrested certain persons (who were sent up for trial) including the appellant herein from a public park in the area of Savitri Nagar behind Women Hospital, a brief case with currency notes of the total value of Rs.4,10,500/- having been recovered at that point of time, such arrestees also found having in their respective possession, knives and certain fire arms besides live ammunition regarding which FIR nos.202-05/2001 were registered in police station Malviya Nagar, each involving





















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