MOHD. IKRAR IMAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM -41101 -2013.

(2.) AGAINST the judgment of acquittal dated 6.8.2011, passed by the Judicial Magistrate Ist Class, Ambala in the complaint case titled 'Mohd. Ikrar Imam Vs. Prem Chand and others', appeal was filed before the Sessions Court. Learned Additional Sessions Judge, Ambala before whom the appeal was pending disposed of the appeal vide order dated 16.7.2013 on the statement of the appellant that appeal against acquittal in a complaint is maintainable in the High Court, that appeal was withdrawn with liberty to file the appeal before this Court. It has thus, occasioned the delay of 670 days in filing the appeal before this Court. It has been held by this Court in M/S. Tata Steel Ltd. Vs. M/s. Atma Tube Products Ltd. & Ors., : 2013 (2) RCR (Criminal) 1005 that appeal against the judgment of acquittal in a complaint case lies before this Court. Therefore, the instant application is allowed and delay of 670 days in filing the instant appeal is condoned.

(3.) PRAYER is made by the appellant for grant of Special Leave to Appeal in terms of sub -section 4 of Section 378 Cr.P.C. against the judgment of acquittal dated 6.8.2011 passed by Judicial Magistrate Ist Class, Ambala in complaint titled 'Mohd. Ikrar Imam Vs. Prem Chand and others'. The Magistrate, issued the process against the accused -respondents No. 2 to 9 for offences under Sections 148/297/427/452/506 read with Section 149 IPC after rendering preliminary evidence. The accused persons put in appearance and the complainant -appellant produced evidence before charge. On the basis of pre -charge evidence, the trial Court framed charges against the accused for the aforesaid offences. The trial was concluded. Respondents Nos. 2 to 9 were also examined under Section 313 Cr.P.C. and they also produced defence evidence. Learned trial Court acquitted them after a detailed discussion of the evidence produced before it holding that the charges are not proved beyond doubt.