IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.49 of 2009 MD.WAZUL HAQUE Versus MD.UBAID @ MD.OBAIDUL RAHMAN & ----------- 4 21/07/2009 Heard learned counsel for the petitioner, learned counsel representing the State and learned counsel appearing on behalf of opposite party no.2. This application has been filed for grant of special leave to appeal against the judgment and order dated 28.2.2009 passed in Complaint Case No. C1-718 of 2000/Tr. No. 1871 of 2009 by the Judicial Magistrate Ist Class, Sitamarhi whereby the opposite party no. 3 was convicted under section 379 of the Indian Penal Code but released after due admonition and other opposite parties have been acquitted for the charges levelled against them. It has been submitted by the learned counsel for the petitioner that the opposite party no. 3 has not adequately been punished and others have been acquitted as the learned trial court has not relied upon the documents and evidences of the petitioner and heavily relied upon the defence version. The case is of crop cutting. There appears to be bonafide land dispute. In such view of the matter the order of conviction cannot be passed and the impugned 2 judgment needs no interference of this court. This application has no merit. It is accordingly, dismissed. avin (Shyam Kishore Sharma, J.)