IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU Crl.A.No. 317 OF 2008 Between: Indira Kanti Venkatesham …..Appellant/Defacto Complainant And Devarakonda Krishnamurthy & Others …..Respondents/Complainant THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU Crl.A.No. 317 OF 2008 ORDER This appeal is filed by the de facto complainant under Section 378 (4) Cr.P.C against acquittal recorded by the Assistant Sessions Judge, Nalgonda by Judgment dated 7.11.2007 in Sessions Case No.70 of 2007. Under Section 378 (4) Cr.P.C, the complainant has remedy of filing an appeal against an order of acquittal passed in any case instituted upon a complaint. The present case is not one instituted by the complainant in the lower Court on a private complaint; but, it is a State case filed by the police of Shaligowraram Police Station on a final report/charge sheet filed before the Magistrate under Section 173 (2) Cr.P.C. Therefore, the appellant, who is the de facto complainant has no locus standi to invoke Section 378 (4) Cr.P.C to file this appeal. On this ground alone, the appeal is liable to be dismissed as not maintainable in law. The appellant’s counsel prayed for permission to the de facto complainant to file a criminal revision petition under Section 397 Cr.P.C as against the impugned order of acquittal. But, in a criminal revision petition filed under Section 397 Cr.P.C, this Court while exercising powers under Section 401 Cr.P.C, cannot convert a finding of acquittal into a finding of conviction, as per sub-Section (3) thereof. Therefore, no purpose will be served even if a permission is given to the de facto complainant to file the criminal revision petition. The proper remedy against an order of acquittal passed by the Trial Court, is to file an appeal by the State, represented by the Public Prosecutor. So, I do not propose to give any permission to the de facto complainant to file a revision petition against the order of acquittal. In the result, the appeal is dismissed. _________________________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt: 01.02.2011 Tjmr/Rkk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU Crl. A.NO. 317 OF 2008 DATE: 01.02.2011