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2010 Supreme(Del) 1139

HIMA KOHLI
State (Govt. of NCT Delhi) – Appellant
Versus
Rajesh – Respondent


Advocates Appeared:
Mr. Sanjeev Bhandari, ASC for the Petitioner.
Mr. D.S. Dalal, Advocate for the Respondent.

Hima Kohli, J.

1. The present petition is filed by the petitioner under Section 397 read with Section 401 Cr.P.C. praying inter alia for setting aside the order dated 5.2.2008 passed by the learned Additional Session Judge in a case on the basis of an FIR No. 319/2005 holding inter alia that no case under Section 25 of the Arms Act, 1959 (in short `the Act') was made out against the respondent, as sanction was obtained at a subsequent date after filing of the charge sheet.

2. The facts of the present case are undisputed and lie in a narrow compass. The allegations made in the petition are that the respondent, who is a life convict and was undergoing sentence in some other case at Rohtak Jail, upon getting parole, made a plan to commit robbery in a bank, for which purpose, he engaged two other accused, namely, Ram Kishore and Raj Kumar, and went to Allahabad Bank, Outer Ring Road, Hira Enclave, where one of the customers, namely, Chand Kumar Dham, the complainant, was trying to deposit Rs. 7,10,000/- at the bank counter. The respondent approached the complainant and pointed a pistol towards him and asked him to handover the money to him or otherwise, he would shoot the complainant. Th

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