CHANDA MALA CHITEMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the calendar and judgment in CC No.115 of 2007 dated 27/4/2010 on the file of the Judicial Magistrate of First Class, Nandikotkur, whereby the unofficial respondents who were tried for the offences punishable under Sections 323, 427 and 509 read with 34 of I.P.C. were acquitted after full-fledged trial.

(2.) THE facts, in brief, are that the petitioner, who was examined as PW1, gave a report on the basis of which a case in Crime No.72 of 2007 was registered against the unofficial respondents herein and, after investigation, charge-sheet was filed by the Sub-Inspector of Police, Nandikotkur Police Station, and, as stated supra, the learned Magistrate took cognizance of the same and numbered it as CC No. 115 of 2007 and, after full-fledged trial, the unofficial respondents were acquitted. As the State has not chosen to prefer an appeal against the said acquittal as provided for under Section 378(4) of Cr.P.C., the present revision is filed by the de facto complainant invoking the jurisdiction of this Court under Sections 397 and 401 of Cr.P.C.

(3.) ACCORDINGLY, the petition to condone the delay of 9 days in filing this revision so also the revision stands dismissed, however, giving liberty to the petitioner to prefer an appeal in accordance with the proviso to Section 372 of Cr.P.C. if it is within time.