RUMI KUMARI PHUKAN, J.

1. Heard learned counsel for the petitioner Ms. M Dev as well as learned counsel for the State/respondent No. 1, Mr. N J Dutta, Addl. PP, Assam. Also heard Mr. P N Choudhury, learned counsel for the respondent No. 2.

2. The petitioner being the Deputy Manager, State Bank of India, Panbazar, Guwahati lodged an FIR on 07.10.2010 regarding non-availability of the items in the locker No. 1090 of their bank. In the FIR, it was revealed that on that day while the repairing of few lockers of the bank was going on at their request, by the mechanic Sunil Barman in presence of their staff Mirdula Bhattacharjee they found that the aforesaid locker was not properly locked. The fact was immediately brought to the notice of the hirer of the locker Sri Prakash Chandra Medhi and Smti. Hemalata Medhi and they also visited the bank and give the list of the articles not available in the locker.

3. On the basis of the aforesaid FIR Panbazar PS Case No. 336/2010 u/s 461/380 IPC was registered. Several witnesses were examined during the course of investigation and at the conclusion of the investigation, the IO held that as the informant was the In-charge of the locker at th