Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 202, 204, 392 & 34---Criminal Procedure Code (V of 1898), S.417(2-A)---Robbery, intentional omission to give information of offence by person bound to inform, destruction of document to prevent its production as evidence, common intention---Appeal against acquittal---Reappraisal of evidence---FIR, in the case, initially was registered against three unknown persons for offence of robbery, which had been disposed of in 'A' class---Accused persons, who were Operation Manager and Branch Manager respectively of the Bank, were charged sheeted under Ss.202, 204, 34, P.P.C., for intentionally omitting to give information respecting the offence, which they were legally bound to give; and destroying the video recording of CCTV footage by deleting it for which they might be lawfully compelled to produce as evidence before the court---Section 202, P.P.C., had no application at all in the case, so far the facts and circumstances of the case were concerned---Prosecution, had no evidence to show that accused persons, were in any way responsible for destruction or erasing of alleged CCTV video recording---Charges against accused persons were groundless; and there was no probability of their conviction in any offence---Trial Court, had recorded the reason for its order of acquittal, which were based on material on record; and the conclusion drawn by the Trial Court was appropriate---Magistrate, had unrestricted powers to acquit accused at 'any stage' of the case, which could even be the stage before framing of the charge and recording of evidence, if Magistrate for "reason to be recorded" would consider that "the charge against accused was groundless" or that "there was no probability of accused being convicted of any offence"---Prosecution, had no evidence to substantiate the charge against accused persons under Ss.202, 204, 34, P.P.C.---Accused persons had neither claimed any enmity, nor even they had been acquitted by the Trial Court on the ground---No illegality or infirmity existed in impugned order of acquittal which was passed by the court on proper reason---No exceptional grounds being available for interference in the impugned…

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