HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6342 OF 2010 ORDER: The petitioners approach the Court with a prayer to quash the proceedings in C.C.No.450 of 2009 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Ranga Reddy District, registered for the offence punishable under Section 413 of IPC. The allegation against the petitioners herein is that the petitioners received money from the other accused persons, who committed theft of gold and other articles. By disposing the same, the said money was given to the present petitioners for purchase of property in the name of other accused. Learned counsel for the petitioners submitted that Section 413 of IPC do not attracts in view of the allegations made against the petitioners herein. Section 413 of IPC reads as follows: 413. 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.” Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. Learned Additional Public Prosecutor submitted that the said allegations would not attract the offence under Section 413 of IPC. Section 413 of IPC deals with receipt of stolen properties. Here, in this case, the stolen property was sold in the market and the same was converted into cash and the said cash was given by the other accused to the present petitioners herein for purchase of land. At no stretch of imagination, the said cash paid by the other accused persons to the present petitioners not attracts an offence as seen from the provisions of Section 413 of IPC. Hence, this Court is of the view that any further proceedings against the petitioners for the said offence are not proper and it would amount to abuse of process. In view of the same, the proceedings against the petitioners – A8 to A10 in C.C.No.450 of 2009 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Ranga Reddy District, are hereby quashed. The Criminal Petition is accordingly allowed. ___________________ JUSTICE RAJA ELANGO Date:09.08.2010 Rns