THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.847 of 2004 ORDER: 1 This revision is directed against the calendar and judgment dated 21.03.2003 passed by the learned Judicial Magistrate of I Class, Kamalapuram in C.C.No.69 of 2001 whereby respondents 3 & 4 herein were acquitted of the charges punishable under sections 406, 411 and 414 of IPC. 2 The case of the prosecution in brief is that P.W.1 is working as Branch Manager, Rayalaseema Grameena Bank, V.N.Pallli since June 1999 and he knows the accused. On 11.01.2001 A.1 who was working as a clerk in their branch was directed to Yerraguntla to secure cash with a request letter or credit inter branch advise which is signed by P.W.1 for an amount of Rs.1,50,000/- to be brought from Yerraguntla branch. The letter was given to A.1 at 9.30 am on the said date. A.1 received Rs.1,50,000/- from Yerraguntla branch. But A.1 did not come and hand over the cash to the branch of V.N.Palli. Later P.W.1 came to know through Yerraguntla branch by phone that A.1 lodged a complaint in Yerraguntla P.S. stating that some persons attacked him and had stolen away the amount. On receiving the said information P.W.1 went to Yerraguntla branch and found A.1 present there. Thereafter P.W.1 to Yerraguntla bus stand and made enquiries and came to know that no incident of theft took place in the bus stand on that day. Then P.W.1 made a complaint to G.R.Palli P.S. that A.1 lodged a false complaint to Yerraguntla P.S. even though no theft of cash had taken place. In that connection a case in Cr.No.1 of 2001 was registered by the Station House Officer, G.R.Palli P.S. and investigated into and during the course of investigation the accused were apprehended and the missing cash was recovered partly from A.2. After completion of investigation the police filed charge sheet and the same was taken on file as C.C.No.69 of 2001. 3 During the pendency of the said case, A.1 died and hence case against him was abated on 29.06.2001 and the case was proceeded against A.2 only. During the course of trial the prosecution examined P.Ws.1 to 11 and got marked Exs.P.1 to P.6 and M.Os.1 and 2. However on behalf of defence D.Ws.1 to 6 were examined and Exs.D.1 to D.3 were marked. The learned Magistrate, having assessed the said evidence came to the conclusion that the prosecution has miserably failed to prove the guilt of the accused beyond all reasonable doubt and accordingly acquitted the A.2 of the charges punishable under sections 406, 411 and 414 of IPC. M.O.1 cash of Rs.1,20,000/- which was given to P.W.1 towards interim custody is directed to return to D.W.3 who is the wife of A.1 and M.O.2 cash of Rs.1,200/- is directed to A.2. As stated supra, aggrieved by the said judgment the manager of the said bank approached this court and filed the present revision. 4 Having perused the judgment impugned in this revision, this court is of the view that the trial court has rightly come to the conclusion that the respondents are not guilty of the offences punishable under sections 406, 411 and 414 of IPC and hence I see no merits in this revision. Further, as seen from the record, the accused were apprehended on 16.01.2001 and 12.03.2001 and were released on bail on 21.03.2001 and 05.10.2001 respectively. This also is a ground to come to the conclusion that this revision deserves no consideration. 4 Accordingly, this revision is dismissed. -------------- 03.02.2011 Kvsn