The respondent is accused No.13 in C.C. No. 370 of 1990 on the file of the IVth Additional District Munsif Magistrate, Chittoor. He filed Crl.M.P. No.2101 of 1990 for discharging him under Sec.239 of the Code of Criminal Procedure. 1973, (for short, ‘the Code’). The learned Magistrate by his order, dated 15.10.1991, allowed the application, discharging the respondent. The said order is assailed in this case.

2. The brief facts, which are necessary for the limited purpose of considering the validity of the order are slated hereunder:

3. It is common knowledge that countless offerings by pilgrams comprising of gold, jewellery and coins that pour every day into the Hundi of Lord Venkateswara are kept in the temple at Tirumala. The place of the counting of the Hundi collections is called Parakamani. The accused in the case are some of the staff of the Tirumala Tirupathi Devasthanams kept on duty, to perform the onerous functions of counting the huge collections. ‘It is alleged that A-1 to A-13 and some others entered into a conspiracy to commit theft and misappropriate the gold and other valuables from the Hundi offerings. A-7 and A-8, who are the Attenders, with the connivance of