KANWAR SINGH Vs. SURJAN SINGH

JUDGEMENT

(1.) The petitioner seeks leave to appeal under sub Section (4) of Section 378 of the Code of Criminal Procedure, in short "the Code", which accompanied by the memorandum of appeal, in a case of acquittal recorded by the learned Magistrate under Section 447 and 379 of the Indian Penal Code in a State case.

(2.) Precisely the question involved in this case is whether the appeal by the alleged "victim" or the complainant in a State case lies to the High Court or else what is the alternative.

(3.) It shall be relevant here to precisely narrate the undisputed facts giving rise to the present petition. The complainant Kanwar Singh claimed about 22 apple fruit bearing trees over khasra No. 1102/1 measuring 1 bigha 6 biswas owned by him. PW5 Soban Singh an employee of the complainant, informed him that on 8.9.2006 around 4 p.m. respondent Surjan Singh had removed the apple crop of all the above plants thereby causing loss of about 60/65 boxes valuing about '39,000/- to him, as such complainant lodged the report in terms of FIR Ext. PW11/A.