IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (U/S) No.8 of 1993 RISHIKANT JHA son of Sri Rameshwar Prasad Jha @ Bambam Jha, resident of village Fatehpur P.S. Amarpur District Bhagalpur now Banka…complainant….appellant Versus 1. STATE OF BIHAR 2. Roshan Manjhi 3. Narayan Manjhi 4. Bateshwar Manjhi 5. Khageshwar Manjhi Nos. 2 to 5 sons of late Ishwar Manjhi 6. Niranjan Manjhi son of Fekan Manjhi All residents of village Mozahidpur P.S. Amarpur District Bhagalpur now Banka………accused……….respondents ------------------ 3 15-04-2009 Nobody appears on behalf of the appellant or on behalf of respondents, the accused persons, who have been acquitted by the judgement and order under appeal dated 23-5-1992 passed in complaint case no. 223 C of 1989/ Tr. No. 1167/1992 by learned Judicial Magistrate Ist Class, Banka. The allegation in the complaint petition is mainly to the effect that the accused persons cut the ridge of a field belonging to the complainant and, therefore, had committed offence u/ss 148, 427, 504 of the Indian Penal Code. The trial court noticed the evidence led on behalf of the complainant but also noticed documents filed by the defence and admission of the complainant that delivery of possession as per orders of the Chakbandi authorities had been given to the accused persons but only on paper. After considering the civil litigation between the parties which appear to have ended in favour of the accused persons before the Chakbandi authorities leading to a title suit in the civil court preferred by the complainant, the trial court held that the dispute appear to be of civil - 2 - nature and the charges had not been proved beyond all reasonable doubts. The accused persons have faced criminal prosecution for minor offence for nearly 20 years. Since nobody appears on behalf of the appellant, this appeal against acquittal is dismissed for non prosecution. BKS/ (Shiva Kirti Singh,J.)