IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.58 of 2009 PRAMOD KRISHNA JAMUAR, SON OF LATE JAY KRISHNA JAMUAR, RESIDENT OF L.I.G.H. FLAT NO. 42, KANKARBAGH, POLICE STATION- KANKARBAGH, DISTRICT- PATNA. COMPLAINANT-APPELLANT Versus 1. THE STATE OF BIHAR. 2. RADHA KRISHNA PRASAD. 3. RAM KRISHNA PRASAD. BOTH ARE SONS OF DEVENDER PRASAD, RESIDENT OF VILLAGE DAHIAWAN, MISSION ROAD, NIRMALA PHARMACY, CHAPRA, AT PRESENT RADHA KRISHNA PRASAD POSTED AT RAJENDRA AGRICULTURE UNIVERSITY, PUSHA, SAMASTIPUR. RESPONDENTS/OPPOSITE PARTIES ----------- 2 21.5.2009 Heard learned counsel for the appellant. This Special Leave to Appeal has been filed against the order passed by the Additional District & Sessions Judge, X, Patna. The opposite parties have been acquitted of the charges under Sections 448 and 506 of the Indian Penal Code. The prosecution case is that the complainant had purchased a flat which was occupied by the opposite parties. He asked the opposite parties to vacate the flat but they refused to do so. The appellant gave information to the police station and thereafter the opposite parties agreed to vacate the flat within two months. It is also stated that the appellant was given possession of one room of that flat. Although the appellant complaints that after opposite 2 parties vacated the flat they forcibly entered into the house and occupied it. The appellate Court has set aside the order of the trial Court acquitting the opposite parties on the ground that the ingredients of under Sections 448 and 506 of the Indian Penal Code are not made out in this case. It was further found that there is no allegation under Section 384 of the Indian Penal Code. On perusal of the evidence the Court has found that evidence has come on record to show that the opposite parties were living in the house for 33 years and that the appellant could not show that he had a valid sale deed. In any event the appellate Court has dealt with this aspect of the matter, as well as the evidence on record led on behalf of complainant and has given cogent reasons for acquitting the opposite parties. Considering the entire judgment, I find that the order of the Additional District & Sessions Judge, X, Patna is well thought out and a reasoned order. In the circumstances, this Special Leave to Appeal is dismissed. Sanjay (Sheema Ali Khan, J.)