MAKKENA SUBBA NAIDU Vs. STATE OF A P

JUDGEMENT

(1.) The revision petitioner assails the order dated 12-04-2001 passed by the learned Sessions Judge, Guntur,in Criminal Revision PetitionNo. 84 of 2000. The revision petitioner is the third respondent therein.

(2.) Under the impugned order, the learned Sessions Judge directed M.Os. 2 to 4 marked in C.C.No. 187 of 1986, namely, cash of Rs. 30,000/- to be returned to the revision petitioner therein, who is the second respondent herein.

(3.) The factual matrix may be set forth at the out set herein below thus: The revision petitioner as well as the second respondentherein are the third parties to the criminal case in C.C.No. 187 of 1986. The Station House Officer, Prathipadu, laid the charge-sheet against the third respondent herein for the offences punishable under Sections 408 and 409 of the Indian Penal Code alleging, inter,alia, that the accused- Attluri Gopala Rao was working as Clerk in Chetana Enterprises, which was doing business in tobacco. The said company was getting its tobacco graded in Sri Sai Krishna Tobacco Company of Kopparru. In connection therewith, it deputed the accused- Gopala Rao for getting the tobacco graded. But the said Gopala Rao developed an evil intention of misappropriating the said tobacco. Pursuant thereto, he got 75 bundles of tobacco weighing about 5,400 Kgs. unloaded at the shop of the revision petitioner and received a cash of Rs. 30,000/-. Having found shortage of tobacco, the Company through its Managing Director by name R. Koti Sudhakar lodged a report with the Police against the accused. During the course of investigation, the accused was arrested and pursuant to the confession leading to discovery, an amount of Rs. 30,000/- was recovered from his house and the tobacco bundles were recovered from the business premises of the revision petitioner.