1 252.11-revn-st IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL REVISION (ST) NO. 252 OF 2011 The State of Maharashtra. ... Applicant. V/s. Vithal Maruti Kale and another. ... Respondents. Ms.M.R.Tidke, APP for the applicant­ State. CORAM: B.R.GAVAI, J. DATED : 14th June 2011. P.C. : The revision application is taken on board for admission. Heard learned A.P.P. for the applicant­ State. 2. By this revision, the State challenges the order dated 14th January 2011 passed in Criminal Revision Application Nos.1/2009 and 38/2008 thereby setting aside the order passed by the learned Magistrate framing charges and discharging the accused Nos.2 and 3 from the accusation under section 409 read with section 34 of I.P.C. 3. The perusal of the order impugned would reveal that the learned trial Judge has come to a finding that the only material against the respondents was that the respondents who were working as Engineers in the 2 252.11-revn-st Irrigation Department were negligent in performing their duties. Learned revision court has come to the finding that mere negligence on their part to keep control and watch over accused No.1, who happens to be main culprit in the offence, was not sufficient to convict the respondents for the offences punishable under section 409 read with 34 of I.P.C. 4. No perversity is noticed in the approach adopted by the learned revision court. Revision application is, thus, rejected. (B.R.GAVAI, J.)