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Pawan Soni vs. State of Raj. & Anr.

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Penal Code, 1860–Secs. 412 & 201–Charge framed for the offence–Justification–Trial Court ignored the factual aspect that the stolen golden chain was recovered at the instance of co-accused H pursuant to the information furnished u/s. 27–Recovery was effected from the petitioner but the information was furnished by H, which merely discloses the name of other co-accused, cannot be read and taken into consideration for the purpose of framing the charge against the petitioner–No cogent reasons were assigned for framing the charge u/s. 412 & 201–View of Trial Court is not substantiated by any documentary or supportive evidence–Impugned order is liable to be set aside.