IN THE HIGH COURT OF UTTARANKHAND AT NAINITAL Special Leave to Appeal Application In Government Appeal No. 203 of 2001 (Old No.3040/1998) The State …….. Appellant Versus Sailendra Yadav & another ………… Respondents Dated: April 7, 2010 HON. DHARAM VEER, J. The present leave to appeal application has been preferred by the applicant/appellant/State u/s 378(3) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) with a prayer to grant leave to the applicant/ appellant/State to file the appeal against the acquittal of the respondents for the offence punishable u/s 387 IPC vide judgment and order dated 14.9.1998 passed by the Judicial Magistrate, Haridwar in Crl. Case No.40 of 1997, State Vs. Neeraj Kumar & others. Heard Mr. Prabhakar Joshi, learned Brief Holder for the State/applicant/appellant and Mr. Sanjeev Singh, Advocate for the respondent no.2 and perused the judgment and order dated 14.9.1998 passed by the Judicial Magistrate, Haridwar as well as perused the record of trial court. On a perusal of the judgment passed by the trial court, it transpires that the prosecution, in support of its case, had not examined a single witness in order to prove its case. Neither any oral nor any documentary evidence was put forth by the prosecution before the trial court and the respondents were languishing in jail. Even several opportunities were granted to the prosecution to lead the evidence but no oral or documentary evidence was lead before the trial court. Accordingly, the learned Judicial Magistrate, Haridwar vide impugned judgment and order acquitted the respondents/accused u/s 387 IPC. On a perusal of the judgment and order passed by the trial court, I do not find any illegality or irregularity committed by the trial court in acquitting the respondents. The judgment and order dt. 14.9.1998 passed by the Judicial Magistrate, Haridwar is correct and justified as per the record available with the trial court. For the reasons as aforesaid, I do not find it a fit case to grant leave to appeal. Therefore, the leave to appeal is refused. Leave to appeal application is dismissed. Consequently, the appeal also stands dismissed. (Dharam Veer, J.) April 7, 2010 Rajeev Dang