6 aa JJ. o/o +* 21.0r..2009 Present:- Mr. Sandeep Kumar, adv. for the petitioner. Mr. Navin Sharma, APP for the State. Sl Mahabir Singh, P.S. Vivek Vihar, East Delhi. Mr. Prem Chander, adv. for R-2 and 3. Crl.R.P.243l2OO7 1. The grievance of the petitioner in this petition is that from the facts disclosed in the charge sheet by the prosecution no case is made out against the petitioner for his commission of offence under Section 379, 41.3 of the lPC. Therefore, it is prayed that the order dated 17.0L.2007 passed by the learned ASJ framing the charges be modified to that extent. 2. lt has been pointed out that even in the order framing the charges, it has been noticed by the trial Judge that as per the averments made by the prosecution some bank drafts were stolen by the accused persons during their transmission of post/courier and the same were handed over to accused, Sh. Sushil Kapoor, who disbursed the same after making forged endorsements and got the amount released, thus on that basis it is argued that the offence of stealing the bank drafts is not made out against the petitioner, namely, Sh. Sushil Kapoor and, therefore, that charge cannot be sustained. 3. lnsofar as Section 413 of IPC is concerned, the same reads as under: r{ Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 7 i> - "4L3. Habitually dealing in stolen property:- Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." 4. In view of the averments of which notice has been taken by the learned ASJ in his order framing charges, the charge against the petitioner under Section 413 is made out. \ 5. Therefore, the petition is allowed to the extent that the charges framed against the petitioner under Section 379 of the IPC shall be deleted. No other relief can be granted to the petitioner in this petition. 6. The trial Court record be sent back forthwith. JANUARY 2t,2009 anb a