SALIMAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The complainant/applicant has filed this criminal miscellaneous application under Sec. 378(4) Crimial P.C. against State of Haryana, Mubarik and others-respondents seeking grant of leave to file appeal against the impugned judgment of acquittal dated 28.03.2014 passed by learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, whereby the complaint filed under Sections 323, 324, 506 and 34 Penal Code has been dismissed and the accused-respondents No.2 to 5 have been acquitted of the charges as framed against them.

(2.) It has been mainly stated in the application that accompanying appeal is being filed against the judgment dated 28.03.2014 passed by learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, which is likely to succeed on the grounds mentioned therein. It has been stated that the learned trial Court has overlooked the evidence on record and settled law and wrongly acquitted the respondents/accused. It has, therefore, been prayed that this application be allowed and leave be granted to the applicant to file appeal.

(3.) From the record, I find that Saliman-complainant filed complaint against Mubarik, Gani, Niyamat and Rehmati for the offences under Sections 323, 324, 506 and 34 Penal Code. The brief facts of the case as noted down by learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, in his judgment dated 28.03.2014 are as under:-