Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25003 of 2010 ====================================================== Kalo Devi, Wife of Komal Yadav, Resident of Village Sandh Ke Bigha, P.S. Karai Parsurai, District Nalanda. .... .... Petitioner Versus 1. The State of Bihar. 2. Mrityunjay Kumar, Son of Hari Narayan Mandal, Resident of Village Rukunpur, P.S. Fatuha, District Patna. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER 8 12-09-2012 Heard learned counsel for the petitioner and the counsel appearing on behalf of opposite party. This case has come for the second time in this Court. On the first occasion, counsel for the petitioner had filed this application for quashing of the order date 21.10.2009 by which his application for releasing a black cow, a she-calf and a solar plate in favour of the petitioner was rejected by the Additional Chief Judicial Magistrate, Hilsa. This Court directed that an enquiry should be made as to whether any case of theft has been registered and thereafter pass an appropriate order. The Investigating Officer of this case on the direction of the lower Court filed a report saying that no case was registered against the petitioner. Later when the case was fixed for orders, Patna High Court Cr.Misc. No.25003 of 2010 (8) dt.12-09-2012 2 / 2 2 the Investigating Officer filed an application that a Sanha has been registered numbered as 745 dated 21.3.2009 wherein it has been stated that the items that have been recovered from the petitioner was stolen from the house of Hari Narayan Mandal. Accordingly, the Court has passed the impugned order dated 31.5.2010 holding that since there was a Sanha filed regarding the theft, the cow, she- calf and solar plate etc. cannot be released in favour of the petitioner as prima facie he has not been able to make out a case that he was in legal possession of the cow, she-calf and a solar plate. In the result, I do not see any illegality in the order. This quashing application is dismissed with a direction to the Court below to expedite the trial of the case under [STATUTE] . Sanjay/- (Sheema Ali Khan, J.)

Applicable IPC Section: 412

Statute Text:
Section 412 of the Indian Penal Code. Dishonestly receiving stolen property, knowing that it was obtained by Dacoity. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.