ATLURI SITARAMDOSS Vs. STATE

JUDGEMENT

(1.) This revision is directed against an order passed by the learned Judicial First Class Magistrate, Gudivada in C.C. No, 293/73 on the file of Ms Court. The petitioners are the accused I and 3 in the case,

(2.) M/s Bhavani Prabhakara Rice Mill, Gudivada is a licensee under the A.R.M.L. Order. The three accused are the Partners of the firm. Besides being a partner, A-2 is the working Manager of the firm. The firm is a licensee under the G.F.L Order also and as such it was acting as an Agent of the Government in civil supplies matters. The Grain Purchasing Officer, Gudivada seized 70 bags of paddy on 3-9-l969 when the said paddy was being illegally transported from out of the Krishna District to Khammam District. He handed over the paddy to A-2 for safe custody on 3-9-69. On 2-2-1970 A-2 submitted a petition requesting orders of disposal of the paddy lest it should be damaged The Grain Purchasing Officer directed A-2 to sell the paddy at controlled rate and remit the sale proceeds in the treasury to the credit of "Revenue Deposits". As the Grain Purchasing Officer did not hear anything from A-2 subsequently, he Issued notice dated 22-4-1972 to A-2 calling upon him to furnish the credit particulars of the sale proceeds of the paddy. Though A-2 received the notice on 24-4-72, he did not give any reply.

(3.) The Grain Purchasing Officer thereupon sent a report on 17-5-1972 to the S.H.O. Gudivada Police Station alleging that A-2 was entrusted with paddy worth Rs. 2520/- and that he dishonestly misappropriated the property. He requested action against A-2 under Section 409 I.P.C.