Sun. Oct 25th, 2020

Sumit @ Tinka vs The State on 18 September, 2020

2 min read

2. Mr Tyagi, learned counsel appearing for the petitioner contends
that the impugned order is palpably erroneous as there are no grounds

Signature Not Verified
Signing Date:19.09.2020 CRL. REV. P. 283/2020 Page 1 of 13
to charge the petitioner for committing offences punishable under
Sections 392/34 of the IPC or Sections 302/34 of the IPC.

3. The FIR in question was registered on a statement made by one
Mukesh Kumar (hereinafter the complainant). He had stated that he
resides in Mangol Puri and is employed as a Field Executive in
Apeksha International Footwear, Udyog Nagar, Delhi. He stated that
on 26.12.2018 at about 02:15 pm, he had come on his motorcycle to
ICICI Bank, Lawrence Road for remitting money through RTGS. He
stated that after doing so, he left the bank to go to his office on his
motorcycle. He stated that as he reached the underpass of Lawrence
Road, two boys came on a motorcycle and hit his motorcycle by their
motorcycle. The person, who was sitting pillion, took out a pistol in
his left hand and showed it to him. He threatened the complainant that
he would shoot him if he did not hand over his bag. The complainant
stated that under the threat he handed over his bag, which contained a
laptop, to the boy who was holding a pistol in his hand. He described
the age of that boy to be about 25 to 30 years. He stated that his bag
contained his duplicate driving license, original RC of his motorcycle,
four ATM cards, passbook of SBI Bank, one mobile phone (Black
coloured Nokia having no SIM), keys to his house, some blank
cheques and cash of about ₹2,500/-. The complainant stated that when
the boys were about to leave, he asked them to return the bag and told
them there was nothing in it. The said boys told him not to follow
them otherwise they would shoot him. He stated that he raised an
alarm and started running behind the two boys. In the meantime, one

Signature Not Verified

Source: Indian Kanoon

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