V.P.Tyagi, J. - (1.) The three petitioners, namely, Chiranji Lal, Shiv Bhagwan and Manohar Lal were challaned in the court of Munsif and Judicial Magistrate, Fatehpur under section 411 I.P.C. The learned Magistrate after having gone into the material placed by the Investigating Officer, found nothing against these petitioners and passed an order of discharge. The State came in appeal against this order of discharge to the court of Addl. Sessions Judge, Sikar who after hearing both the parties quashed the discharge order passed by the Magistrate on 12th August, 1976 and directed the trial of the present petitioners under section 411 I.P.C. It is against this order of the learned Addl. Sessions Judge that the present revision has been filled by these petitioners.
(2.) The allegations of the prosecution are that one Sarvan who was challaned under sections 457 and 380 I.P.C. handed over the properties to Sadiq and Mumtaz who change their shapes and prepared ingots of the same. It is said that these : Sadiq and Mumtaz were instrumental in selling the ingots of silver to Chiranjilal, Shiv Bhagwan and Manohar. When it was found by the investigating agency that Sarvan had sold the stolen property through Sadiq and Mumtaz to these three persons, they were caught and ingots of silver were recovered from their possession. They were, therefore, challaned under section 411 I.P.C. The learned Magistrate did not find any material to proceed with the trial and, therefore, passed the discharge order.
(3.) The only ground on the basis of which the order of discharge has been set aside by the learned Addl. Sessions Judge is that these three petitioners purchased the ingots of silver on a throw away price and, therefore, presumption was raised against these persons to have purchased this property knowing it to be stolen property.;