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2023 Supreme(Del) 4924

TUSHAR RAO GEDELA
Ashraf – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Manish Gupta, Advocate, for the Petitioner.
Mr. Shoaib Haider, APP with SI Rahul, PS Seelampur.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a revision petition filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (in short "Cr.P.C."), seeking setting aside of the impugned order dated 11.05.2022 and order on charge dated 26.05.2022 passed by the learned Additional Sessions Judge in SC No.346/2021, titled as "State vs. Pankaj & Ors." pertaining to F.I.R. No. 039/2021 dated 24.01.2021, under Sections 395/365/120B/412/34 IPC registered at Police Station Seelampur, whereby the learned Trial Court had framed the charge under Section 412 IPC, 1870 qua the petitioner.

2. The learned counsel for the petitioner submits that the petitioner is a small time Scrap dealer, who earns his livelihood by buying and selling scrap material. As per the allegations, Abdul Salam @ Mulla, one of the accused, contacted him to sell the stolen copper scrap for which the petitioner paid an appropriate price.

3. The learned counsel for the petitioner submits that the chargesheet in the present case was filed on 03.05.2021, implicating him u/s 412 IPC without proper consideration of legal aspects and in ignorance of

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