THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1742 OF 2002 ORDER: 1 On the basis of a report given by P.W.1 – Secretary, Gram Swaraj Sangham Srikakulam, a case in Cr.No.19 of 1994 was registered on the file of Gara Police Station for the offences punishable under Sections 406, 420 and 201 of IPC against the first respondent herein and after investigation a charge sheet was filed and the same was taken on file by the learned Judicial Magistrate of I Class, Srikakulam as C.C.No.384 of 1995. The learned Magistrate having analysed the entire evidence let in by the prosecution acquitted the accused i.e. first respondent for the said offences. As against the said judgment dated 30.03.2002 the State has not preferred any appeal, but the Secretary of the said Sangham i.e. P.W.1 filed this revision. 2 Brief facts are that the first respondent being appointed as Manager of Khadi Bhandar at Gara was entrusted with management of Khadi Bhandar and he is custodian of the stocks, cash and accounts of the said Khadi Bhandar and he is also responsible for sales of the said stocks being supplied by the Head Office from time to time. The first respondent with a dishonest intention misappropriated the stocks and cash by manipulating the records and to cover up the laches he gave a false complaint before the Gara Police station stating that a theft had occurred on the night of 10.04.1993 in the said Khadi Bhandar and the stock worth Rs.2 lakhs was stolen. In that connection a case in Cr.No.20 of 1993 was registered and during investigation as it was disclosed that the first respondent himself has misappropriated the stocks and in order to cover up the laches he gave a false complaint, the police referred the said crime as false. Thereafter a departmental enquiry was ordered against the first respondent wherein the first respondent was found guilty for falsification of accounts and misappropriation of the stocks. Hence P.W.1 filed a complaint before the court below who in turn referred the same to the Inspector of Police, Srikakulam and the same was registered as a case in Cr.No.19 of 1994. The police after completion of investigation filed the charge sheet. The learned Magistrate having tried the first respondent for the offences punishable under sections 406, 420, and 201 of IPC, found him not guilty of the said offences and accordingly acquitted him of the said offences. Aggrieved thereby the de facto complainant preferred this revision. 3 The learned Magistrate, on appreciation of the entire material available on record held that the first respondent is found not guilty for the offences punishable under sections 406, 420, and 201 of IPC and acquitted him of the said offences. It is only a revision against the acquittal of the accused where the jurisdiction of this court is limited and this court cannot give an altogether different finding. If any material irregularity is committed by the court below, at best this court can remand the matter to the trial court for fresh disposal according to the material available before it. But, as seen from the judgment impugned in this revision, this court is of the considered view that the court below has given valid and cogent reasons for its coming to the said conclusion and giving such a finding, which in my considered view does not warrant any interference. 4 Accordingly I see no merits in this revision and hence the same is dismissed. ----------------- Kvsn 15.07.2010