THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1332 of 2004 ORDER The petitioner filed a complaint against respondents 1 and 2 herein and the same was registered as Cr.No.106 of 2000 for the offences punishable under Sections 498-A read with Section 34 IPC. After investigation, the police concerned filed a charge sheet against the accused and the same was numbered as C.C.No.82 of 2001 on the file of the II Additional Judicial Magistrate of First Class, Eluru. During the course of trial, P.Ws.1 to 5 were examined and Exs.P1 and P2 were marked on behalf of the complainant. None were examined on behalf of the accused, but Ex.D1 was marked. The learned Magistrate having considered the said oral and documentary evidence came to the conclusion that the prosecution miserably failed to prove the case against the accused and accordingly, acquitted them of the said charges. 2. The State, which filed the said Calendar Case before the Court below, has not chosen to challenge the order of acquittal of the accused passed by the Court below and hence, the de facto complainant, who was examined as P.W-1, filed this Revision invoking the jurisdiction of the Court under Sections 397 and 401 Cr.P.C. 3. It should be remembered that it is a Revision against the order of acquittal of the accused, where the scope of Revision is very much restricted. Even if this Court ultimately holds that the respondents herein are guilty of the offences with which they were charged, this Court can only remand the matter to the Court below for fresh disposal of the matter, but cannot convert the said finding of acquittal into conviction. Further, though this Court ordered notice on 24.06.2002, the unofficial respondents are not served. As this is a Revision against the acquittal of the accused and the notices are not served on respondents 1 and 2-accused, this Court finds no merits in this Revision and accordingly, the revision is dismissed. ____________________________ GOPALA KRISHNA TAMADA, J Date:03.02.2011 sj