KRISHNA K REDDY Vs. R D BHOYAR

JUDGEMENT

(1.) Heard Mr. Naidu, learned Advocate for the applicant and Mr. Wankhede, for the respondent No.1. None present on behalf of the respondents 2, 3 and 7. The application stands dismissed as against the Respondents 4 to 6.

(2.) By this application under Section 378 (4) of the Criminal Procedure Code, 1973, the applicant, who is the original complainant in Criminal Case No.241/1986 seeks special leave to appeal against the judgment and order of acquittal dated 25-11-2005 passed by learned Judicial Magistrate, First Class, Ramtek, in Criminal Case No.241/1986.

(3.) The complainant filed the above case against respondents/accused alleging commission of offence under Sections 448 and 380 of IPC. It is not disputed that the respondents are employees of Maharashtra State Co-operative Land Development Bank, Parseoni Branch. Learned Magistrate, upon appreciation of the evidence led by the prosecution, and considering the defence raised by the accused, held that the accused believed that they were entitled to seize the articles belonging to the complainant since he was co-mortgagor of the property along with his brother Satyanarayan Reddy. Learned Magistrate, therefore, held that there was no intention on the part of the accused to commit offences of theft and trespass. Learned Magistrate ordered return of the articles seized by respondents. Moreover, the complainant also did not know the accused by name before lodging of the FIR. Considering all these circumstances, learned Magistrate acquitted the respondents/accused of the offences charged.