The court has framed charges against two accused, namely Akash and Ashudeep, alias Ashu, under Section 25 of the Arms Act
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In a case involving illegal weapons, gangsters Kala Jatheri and Anil Chippi were released on Thursday by a Dwarka court in Delhi. Armed with weapons found from two additional suspects and their confessions, the Delhi Police Crime Branch has filed a case. On the basis of disclosure statements, charges were brought against Kala Jatheri and Anil Chippi.
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According to agency reports, the court has requested a report from the relevant DCP. Sandeep, also known as Kala Jatheri, and Anil Rohilla, also known as Chippi, were released from their cases involving the Arms Act and criminal conspiracy by Chief Metropolitan Magistrate (CMM) Rajat Goyal. Under Section 25 of the Arms Act, the court has filed charges against two defendants, Akash and Ashudeep, also known as Ashu. When the court released Kala Jatheri and Chippi, "There is no material to show that accused Sandeep alias Kala Jatheri and accused Anil Rohilla alias Chippi had entered into any criminal conspiracy with each other or with co-accused for either supply or procurement of illegal weapons allegedly recovered from co-accused Akash and Ashudeep."
"However, as far as accused Sandeep alias Kala Jatheri and accused Anil Rohilla alias Chippi is concerned, apart from disclosure statements of the said accused persons themselves and of co-accused, there is no material on record against them," the court said in an order passed on May 16. Advocate Rohit Dalal appeared for all accused persons. The court noted that the said disclosure statements have not led to the discovery of any facts. "Hence, the same cannot be used against accused Kala Jatheri and accused Anil Chippi, as provisions of the Indian Evidence Act bar the same," the court held.
"However, despite the same, the said accused Sandeep alias Kala Jatheri and accused Anil Rohilla alias Chippi have been charge-sheeted in this matter and have been in custody since February 28 (accused Anil Rohilla) and March 4 (accused Sandeep alias, Kala Jatheri)," CMM Goyal pointed out in the order, agencies report. The accused Sandeep, alias Kala Jatheri, and accused Anil Rohilla, alias Chippi, have only been charged based on disclosure statements, which are not admissible as evidence, the court declared.
"Let the report be called from the concerned DCP as to on what basis and under which legal provision was accused Sandeep alias Kala Jatheri and accused Anil Rohilla alias Chippi charge-sheeted in the present matter for NDOH. Meanwhile, the court has listed the matter for prosecution evidence and issued summons to two prosecution witnesses for May 30.
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