THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.384 OF 2009 ORDER: 1 The petitioner herein is the fourth accused in C.C.No.224 of 2007 on the file of the court of the II Additional Chief Metropolitan Magistrate, Visakhapatnam and he filed the present revision aggrieved by the order dated 28.01.2009 passed in Crl.M.P.No.466 of 2008 in the said case whereby the court below refused to discharge the petitioner under section 239 Cr.P.C. 2 The case of the prosecution as per the charge sheet is that the accused 1 to 4 were elected as President, Vice President, Secretary and Treasurer of Visakhapatnam City Police Employees Co-Operative Credit Society on 11.10.2002. The petitioner herein who is arrayed as fourth accused is the treasurer. As they conspired together and committed certain irregularities and swindled money of the society to a tune of Rs.27,25,130/- a complaint was made on the basis of which a case in Cr.No.122 of 2005 for the offences punishable under sections 120-B, 420 and 406 of IPC and after investigation the police filed the charge sheet and the same was numbered as C.C.No.224 of 2007 by the II Additional Chief Metropolitan Magistrate, Visakhapatnam. As stated supra, the petitioner who is the Treasurer of the said Society who is arrayed as fourth accused in the said case filed the present application i.e. Crl.M.P.No.466 of 2008 under section 239 Cr.P.C. before the court below seeking discharge from the case. However, as the same was dismissed, he filed the present revision. 3 Today when the matter is taken up for hearing, the learned counsel for the petitioner produced a copy of the order passed by this Court in Crl.P.No.6199 of 2009 dated 15.03.2010. The said petition was filed by the third accused, who is the Vice President of the said Society and a learned Judge of this court having considered the submissions and also the material available on record quashed the proceedings in the said C.C. following the ratio laid down in M.GANAPATHI RAJU v. THE STATION HOUSE OFFICER, GAJUWAKA[1]. The facts and circumstances of the present case are similar to that of the facts and circumstances of the said case and as the petitioner herein stands on the same footing, this court has no hesitation to come to the conclusion that the petitioner is entitled to be discharged. 4 Accordingly, this revision is allowed, the order dated 28.01.2009 passed in Crl.M.P.No.466 of 2008 in C.C.No.224 of 2007 on the file of the court of II Additional Chief Metropolitan Magistrate, Visakhapatnam is hereby set aside and the petitioner is hereby discharged from the said proceedings. ________________________________ GOPALA KRISHNA TAMADA, J 20th October 2010 Kvsn [1] 2003 (1) APLJ 13 (SN)