Saurabh Malik
Tribune News Service
Chandigarh, April 13
The Punjab and Haryana High Court has refused to quash charges framed against a man accused of snatching money and mobile phone from a foreign national after threatening her.
The complainant in the case, a Russian, had alleged that the petitioner brought her to Chandigarh and she lived with him from July 18, 2019 to July 24, 2019 at Panchkula and Zirakpur. She had also alleged that the accused snatched her mobile phone and money in the process.
"A perusal of the FIR and the (final investigation) report under Section 173, CrPC, clearly makes out a case, where a foreign national alleged that her money and mobile phone were snatched by the petitioner by extending threat to life, which the petitioner got recovered by making his disclosure statements. Therefore, at this stage, the trial court has rightly framed charges under the provisions of relevant Sections," Justice Arvind Singh Sangwan asserted.
Deepak Kumar of Panchkula district had moved the High Court for setting aside the order dated January 8, 2020 under which the trial court framed charges against him for cheating, criminal intimidation, criminal conspiracy, snatching and other offences under Sections 343, 379-A, 420, 506, 120-B of the IPC and Section 66-D of the Information Technology Act.
Referring to the FIR, Kumar's counsel argued it was stated that the Russian and the petitioner were having love affair. She came to India and met the petitioner at Indira Gandhi International Airport at Delhi before she was brought to Chandigarh.
He argued that snatching and another offence under Sections 343 and 379-A were not made out as the complainant has admitted that she came to India on her own and stayed with the petitioner thereafter.
The allegations of forcibly taking away the money from the victim/complainant was also not made out, he added.
After hearing the counsel for the petitioner and going through the contents of the FIR and the report, Justice Sangwan dismissed the petition after not finding merit.
Among other things, Justice Sangwan asserted: "It is a well settled principle of law as held by the Supreme Court in State of Andhra Pradesh vs Goloconda Linga Swamy and another that at the time of framing of the charge, only prima facie evidence is to be seen."
from The Tribune https://ift.tt/3mK2H8K
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