HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.13 OF 2010 DATE:16.07.2010 Between: G. Venkat Reddy …… Appellant/Complainant And: The State of A.P., rep. by its PP …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.13 OF 2010 ORDER: 1. The petitioner/A-2 is accused of offences punishable under Sections 420 and 406/34 IPC along with A-1 in C.C.No.62 of 2009 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad. He filed Criminal M.P.No.2803 of 2009 in the lower court under Section 239 Cr.P.C for discharging him. The lower court by order dated 02.12.2009 dismissed the said petition. Questioning the same, the petitioner/A-2 filed this revision petition. 2. It is a case where there was embezzlement of monies in bank, shares in Demat Account and gold jewellery belonging to the defacto- complainant by name Pulla Prameela Reddy who is Non Resident Indian. A-1 Sampath Reddy is no other than co-son-in-law of A-2 Venkat Reddy. 3. Originally, A-2 was looking after affairs of the defacto-complainant relating to her agricultural lands. It appears that the defacto-complainant owns huge agricultural lands, immovable properties, gold jewellery, shares and bank accounts in which huge money is deposited. For some months A-2 looked after affairs of the defacto- complainant. Subsequently when the defacto-complainant wanted an English knowing person to look after her affairs, transactions etc., A-2 introduced his co-son-in-law A-1 to the defacto-complainant who agreed to employ him to look after her affairs. After entrusting signed blank cheques, gold jewellery kept in almirah, singed blank share transfer forms and Demat Account to A-1, the defacto-complainant left for USA and returned to India after some time. After returning to India, she found loss of jewellery worth Rs.67,30,000/- withdrawal of huge cash running into millions of rupees from her bank accounts and sale of her shares and transfer of shares in the names of A-1 and his wife and others. Thereupon, the defacto-complainant gave report; and after investigation, Detective Department of Central Crime Station, Hyderabad City filed charge sheet against A-1 and A-2 in the lower court. 4. It is contended by the petitioner’s counsel that the entire allegations are against A-1 Sampath Reddy only and there are no allegations touching offences under Sections 420 and 406 IPC against A- 2 Venkat Reddy. The police also added Section 34 IPC along with Sections 420 and 406 IPC in the charge sheet. All the events occurred in quick succession i.e., A-2 introducing A-1 to the defacto-complainant, t he defacto-complainant instructing A-1 to look after her affairs, the defacto-complainant leaving for USA after entrusting her bank accounts, Demat Accounts, almirah containing jewellery and also blank signed cheques, share transfer forms etc. According to the prosecution, the entire embezzlement took place with common intention by A-1 and A-2 put together. Apart from that, it is alleged that after the defacto- complainant returned to India, A-2 who was hand-in-glove with A-1, brought a letter purported to have been given by Naxalites demanding her to distribute Ac.180.00 of land belonging to her. According to the defacto-complainant, the said letter was not actually given by Naxalites, but was manipulated by A-1 and A-2. Even though the defacto- complainant did not specifically speak about criminal conspiracy between A-1 and A-2, it is her intention that all the affairs which took place after she left India upto she returned to India, with active connivance of A-1 and A-2 together. Therefore, it cannot be said that A-2 has no complicity in this case. It is a matter of evidence to be let in by both the parties during trial. The lower court rightly dismissed the petition and refused to discharge A-2 from the case. I do not find any infirmities in the impugned order passed by the lower court. 5. Hence, the revision petition is dismissed. The lower court may dispose of the case without being carried away by any observations made in this order. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:16.07.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.13 OF 2010 DATE:16.07.2010 Gk.