IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.16 of 2009 CHINTAMAN SAHANI Versus THE STATE OF BIHAR & ANR ----------- 4. 08.07.2009 By a separate order passed today in Cr.Misc.No.21727 of 2009, the present case has been restored by recalling the order dated 11.02.2009. Heard counsel for the parties. The petitioner seeks leave of this Court to file appeal against the judgment and order of acquittal dated 25.10.2008, rendered by the learned Sub-divisional Judicial Magistrate, Sadar Motihari passed in Trial No.1026 of 2008 arising out of Complaint Case No.624 of 1999. Opposite party No.2 herein was put to trial on the allegation that he cut the standing crops from the filed which the complainant claimed to be the owner. In course of trial, the complainant appears to have examined three witnesses. It is the admitted position that the complainant did not appear before the court for cross- examination in the trial. It further appears from the judgment itself that no document was produced relating to the title/ownership of the disputed land which has been claimed by the complainant. On consideration of the judgment rendered by the learned trial court and after hearing learned counsel - 2 - for the parties, I am of the view that no patent illegality or perversity has been committed in consideration of the case meriting interference in the judgment and order or acquittal. The application seeking leave to appeal has no merit which is accordingly rejected. hr ( Kishore K. Mandal )