Anwar v. State (Delhi Administration) - 1982 Supreme(Online)(Del) 4

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1982 Supreme(Online)(Del) 4

DELHI HIGH COURT
Mr. J. D. Kapoor, J
Anwar v. State (Delhi Administration)

Advocates:
For the Appellants/Petitioners: Mr. Naseem

Table of Content
1. petitioner seeks to quash ipc 399 and 402 charges. (Para 1 , 2)
2. arguments regarding lack of sufficient facts for a charge. (Para 3 , 4 , 16)
3. discussion on legal definitions and interpretations of dacoity preparation. (Para 5 , 6 , 8 , 9)
4. examination of case law and evidential standards. (Para 10 , 11 , 14 , 15)
5. final ruling on the dismissal of the petition. (Para 17)

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