2008(1) Crimes 502 (Raj.)
RAJASTHAN HIGH COURT
SHORT NOTE
Gopal Krishan Vyas, J.
State of Rajasthan —Petitioner
versus
Woman Narayan Gheeya
and Ors. —Respondents
Criminal Revision No. 817 of 2005
Decided on 9.4.2007

IMPORTANT POINT
At the stage of framing under Section 413 IPC, it is not necessary that there must be conviction or finding against accused for his involvement in other such cases.

Headnote:Indian Penal Code, 1860—Section 413—Habitual dealing in stolen property—Trial Court discharged non-petitioner of offence while framing charge under Section 457, 380, 411 and 120B IPC—Revision—Habitual dealing means there was evidence that there were other instances other than the case in question of accused found to be indulging in the act—No of documents with regard to pendency of similar type of cases were filed—At the stage of framing charge it was not necessary that there must be conviction or finding against accused—Fit case for direction to frame charge under Section 413 IPC.

       Result: Revision allowed.