IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10631 of 2008 SRI MAHTO @ SASAI . Versus STATE OF BIHAR . ----------- 2. 23.04.2010 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order of cognizance dated 4.6.2007 in Bhangaha PS Case No. 9 of 2007 under Sections 413 & 414 IPC passed by the CJM Bettiah, West Champaran. Learned Counsel for the petitioner submits that Section 413 deals with habitually dealing in stolen property. The person in possession of the property is required to know or have reason to believe that the property was stolen of which he was in possession. Likewise Section 414 IPC contemplates concealing or disposing a property which the person knows to be stolen and then voluntarily assists another in disposal of such property. The allegations quite simply are that the petitioner was carrying 13 bags of Indian Cement on a bullock cart crossing the border towards Nepal. The submission therefore is that there are no allegations whatsoever so as to invoke applicability either of Section 413 or 414 IPC. The basic premise that the bags of cement were stolen property does not even find a reference. The contention is of false implication for what was essentially a limited number of cement bags carried out by him for personal consumption. Counsel for the State supports the impugned order to urge that the cognizance having been taken this Court may not interfere. Having considered the submissions on behalf of the parties this Court is satisfied that in absence of any allegation in the First Information Report to even prima facie invoke applicability of Sections 413 or 414 IPC when there are no allegation of the cement bags being stolen much less that the petitioner was in possession of the same with the knowledge that it was stolen property and there being no allegation that he was assisting another in concealing or disposing of the stolen property this Court is satisfied that to allow the prosecution to continue shall be clearly an abuse of the process of the Court. The order of cognizance dated 4.6.2007 and the entire proceedings in Bhangaha PS Case No. 9 of 2007 pending before the CJM Bettiah, West Champaran are quashed. This application is allowed. Snkumar/- (Navin Sinha,J.)