27 S CrlRevlo187 of 2009 OSMI 1 Ye In the HighCourt of Punjaband Haryanaat Chandigarh Crl RevVo 2187 of 2009 OSMl Date of decision 8I010 GurdeepSinghand others titioners Versus m 0 State of Punjab I e Respondent C 0 CORAM HONBLE MRSJUSTICE SABINA I Presentl Mrvl MunjalAdvocate Z for the petitioners C MrAmandeepSinghRai AAG Punjab kk1r7t I 1 a5 SABINA Je 7 This petitIonhas been filed under Section 401 of the Z Code of Criminal Procedure C for shonlchallengingthe order dated 272009 passedby the Additional Sessions JudgeBarnala wherebychargewas ordered to be framed againstthe petitioners under Sections 1204314121 4111 4671 4681 471 of the Indian Penal Code IPC for shortl in FIR Nol dated 21 2009 registeredat Police Station CityBarnaIa The contents of the FiR as reproducedin para No 2 of the groundsof revision petitionread as under 7 Anita 2013.03.20 14: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 28 ere Crl Rev1102187 of 2009 OSMl 2 Today myselfASl alongwithASl Ashok Kumar HC Kulwant Singh 215 HC Preet Pal Singh 507 C2 SaudagarSingh226 C4ajiv Kumar 91 were travelling in a Government Canter bearing NOB 13 1781 beingdriven by HC DayaSingh713 were present at Anaj Mandi Barnala for patrollingand checkingof 1 r publicand it was atab0ut1200 noon when one special 0 informerwhile takingme separatelyinformed that Gurdip C Singhson of Zora Singh Caste Jatt Talwinder Singh 0 I Kaka son of Bawa Singh Surinder Kumar BhoIa son of Dhuni Chand AggarwalBhuplnderPaI Pali son of Z Gurcharan Singh Caste Jatt Sunil Kumar Rinku son of Dev RajAggarwalAjayKumar Vickyson of Tarsem I Lal Caste Pandit all residents of Barnala have made a 5 gangand these peopleafter stolen or forciblytaken the 7 motor cycle out of Barnala City used to changethe Z numberplatesand thereafter preparedthe fictitious R6s platesand thereafterused to sell to the innocent persons bycommittingforgeryroday these persons are roaming in two motor cyclesPB 1343223 red colour and PB 13 B 2473 Hero Honda and one Motor Cycie without registrationnumber make Hero Honda Splinderand they are in search of a customer to sell the said motor cycle These persons today while gatheringat Kaia Mehar J Anita 2013.03.20 14: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 29 CrlRev N02187 of 2009 OSMI 3 Stadium will prepare more number platesand in case raid IS conducted then all these persons along with stolen motor cycles and with forged papers can be The information is confirmed therefore the action be taken againstthese persons namelyGurdip Singh Ta lwinder Si ngh Su rinder Kuma r Suni l Kumar m AjayKumar BhupinderPal Singhwhich is punishable 0 under Sections 3791 4111412142014671 4681 4711 120eB C IPC ti C5 I Duringthe course of argumentsIearned counsel for the has submittedthat chargeunder Section 412 IPC could Z not be framed againstthe petitioners as there was no allegationor material on record in this regard Learned counsel has not the framingof chargeagainstthe petitionersqua the 08 remainingSections 7 Learned State counsel on the other hand has submitted Z that there was sufficient materialon record to frame chargeagainst tl the petitIoners under Section 412 IPC Section 412 IPC reads as undeo Dishonestly receiving property stolen in the commission of a dacoityl VVhoever dishonestiy receives or retains any stolen propertythe possession whereof he knows or has reason to believe to have been transferred by the commission of dacoitYor dishonestly tj Anita 2013.03.20 14: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 30 Cri RevIlo2187 of 2009 O8MI 4 1 receives from a person whom he knows or has reason to l believe to belongor to have belongedto a gang of dacoits propettywhich he knows or has reason to believe to have been stolen shall be punished with imprisonmentof Iifel or with rigorousimprisonment to a term which may extend to ten years and shall also be 1 Iiableto fine 11 0 Section 379 IPC reads as undeo C Punishment for theftlm Whoever commlts theft shall be 0 I punishedwith of either descriptionfor a term which may extend to three years or with fine or with Z both r ThuS Where five or more persons commlt or attemptto 08 commit a robberyare said to have committed the offence of dacoity r Anyperson who receives or retains any stolen propeny knowingor W has reason to believe that it has been transferred by commission of Z 0 dacOltyor dishonestlyreceives from a person whom he knows or has reason to believeto belongorto have belongedto a gang of dacoits commits an offence under Section 412 IPC A perusalof the challan file shown by Iearned State counsel reveals that there was material available on record that the petitionerswere in possessIon of stolen propettyor property snatched by them forciblyand were to sell the same to innocent personsafter changingthe numbers of the vehicles fraudulentlyIn 1 l eeA Anita 2013.03.20 14: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 31 Crl Rev No 2187 of 2009 OSMI 5 these circumstances the argumentraised by Iearned counsel for the petitioners that there was no materialavailable on record to frame a chargeagainstthe petitioners under Section 412 IPC is without any basis Hence the impugnedorder calls for no interference AccordinglythISrevISIOO petitionis dismissed m r SABINAI 0 JUDGE C 8 2010 1 I anita C5 1 I e ll 1 IO Z Ht I c6 J S em Z Anita 2013.03.20 14: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document