Crl. Misc.Application no. 408- MA of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.Application no. 408- MA of 2010 (O&M) Decided on : 08-07-2011 Satbir ....Appellant VERSUS Mahabir and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.K.Agnihotri, Advocate for the appellant MAHESH GROVER, J This is an application for leave to appeal under Section 378(4) Cr.P.C against the order of acquittal dated 27.2.2010. The appellant had filed a complaint against the said respondents alleging that the respondents had trespassed into their land armed with lathis and jellies and have destroyed the standing crops. Learned Trial Court on perusal of the evidence adduced by the appellant found that the material on record does not support and substantiate the allegation in the complaint and thus gave the benefit of doubt to the said respondents while acquitting them. Aggrieved by the same, instant application has been filed. Upon perusal of the impugned judgment, I am of the considered opinion that no infirmity has been committed by the learned Trial Court. The evidence which was produced on record concededly did not establish either the identity of the land or the occurrence. It is settled principle of law that setting in motion the criminal process is a serious affair and the Courts should be careful in accepting pleas and accusations if they are not Crl. Misc.Application no. 408- MA of 2010 (O&M) 2 based on substantial evidence. In the absence of any such inspiring evidence, the benefit of doubt has rightly been awarded to the respondents by the learned Trial Court. Hence, the application is held to be without any merit and the same is hereby dismissed. July 08, 2011 (Mahesh Grover) rekha Judge