1. The petitioner, Anwar, is seeking quashing of the charge framed against him under S.399 read with S.402 of the Indian Penal Code (herein called 'the Code'). The charge along with the charge under Arms Act was framed by Mr. J. D. Kapoor, Additional Sessions Judge, Delhi, after hearing the parties on 18th May, 1981.

2. In brief the prosecution case is that an Inspector of the Crime Branch, Delhi, received secret information that some armed dacoits belonging to Uttar Pradesh were going to assemble in a Gumti (wooden hut) of Burmah shell Railway Siding, Jamuna Bridge, Delhi, at about 9 p.m. on 10th May, 1977, for the purpose of committing a dacoity. The Inspector formed a raiding party in which two public witnesses were associated. The party proceeded towards that Gumti and on the way another public witness was joined in the raiding party. That hut was surrounded by the raiding party. Some of its members including the Inspector without arousing any suspicion were able to reach the eastern window of the Gumti. They heard one of the dacoits while addressing one of his companions as Sukhpal questioning whether he (Sukhpal) being new entrant would deceive them. At that Sukhpal replied