MOHD. ALI KAYAM KHANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition, the complainant-appellant Mohd. Ali Kayam Khani seeks leave to appeal against the judgment and order dated 28.11.2011 as passed in Criminal Case No. 452/2001 Whereby the learned Addl. Chief Judicial Magistrate, Bhilwara has recorded an order of acquittal of the accused respondents Mohmood Khan Dariya Khani and Mariyam Bano who was charged for the offences under Sections 341 and 506 Indian Penal Code

(2.) The background in which the respondents were accused and tried for the offences aforesaid are that on 15.1.2006 the appellant was going to meet his grant parents at village Maghras, Tehsil Baneda and when he reached there then respondents started to abuse to the appellant-complainant and threat him if he do not withdraw the case filed by the appellant-complainant for custody of his child then they will kill him or implicate him in false case. On this complaint, the learned trial Court took, the cognizance and after trial acquitted the respondents accused for the aforesaid offences. From dissatisfying the judgment impugned, appellant-complainant preferred this criminal leave to appeal under Sec. 378(4) of the Criminal Procedure Code.

(3.) Learned counsel for the appellant-complainant seeking the question-the impugned judgment and order so passed by the learned Addl. Chief Judicial Magistrate, Bhilwara contended that the order passed by the learned trial Court is contrary to law because learned trial Court has committed an error in acquitting the accused-respondent only for the reason that complainant-appellant had not produced any independent witness in support of the case which is not permissible in law and deserve to be quashed and set aside.