Naushad @ Shamim vs State on 25 May, 2016

2. FIR No. 201/2010 was registered under Sections 392/411/34 IPC and
27 Arms Act on the complaint of Dushyant Singh PW-1 who stated that he
had come for training in Delhi with his friend Tarun Kumar and while they
were going back to Hapur, they reached at ISBT Kashmere Gate, from
where they boarded a DTC bus for Harsh Vihar. Around 7.30 PM when the
bus reached 66 feet road, two boys came near him and stood by his side. He
and his friend were standing near the rear gate. When the bus stopped near
Welcome Pulia, one boy whose name he came to know later on as Rahul put
a knife on his stomach and the other boy whose name he came to know later
on as Naushad @ Shamim took out his Nokia 2700 mobile phone with SIM
No. 8126502309. His friend Tarun caught hold of Shamim @ Naushad and
a person named Kamta Prasad who was working as Head Constable in Delhi
Police caught hold of Rahul and knife was recovered from him. From the
spot they went to police station and lodged the FIR. Thus apprehension of
both Rahul and Naushad was at the spot. Pursuant to a charge sheet being
filed, charge for offences punishable under Sections 392/411/34 IPC, 25
Arms Act was framed against both Rahul and Naushad vide order dated
February 22, 2011. Dushyant Singh, the complainant and Tarun Kumar his

Crl.A. Nos. 624/2015 & 217/2016 Page 2 of 9
friend were examined as PW-1 and PW-2 by the Metropolitan Magistrate
and in view of the statement of the two witnesses that one boy i.e. Rahul put
knife on the body of Dushyant Singh, the learned Metropolitan Magistrate
vide its order dated April 24, 2012 formed an opinion that prima facie case
for offence punishable under Section 397 IPC was made out, which was
triable by the Court of Sessions and hence acting under Section 323 Cr.PC
the matter was committed to the Sessions Court.

Source: Indian Kanoon

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