1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3456 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri H.D.Deshmukh for the applicant. He has taken me through the judgment of the trial court. In paragraph 2 of the judgment, the case of the complainant stated to the effect that the accused entered premises of the complainant, threatened and abused him. 2. However, it does not appear anywhere that any simple hurt was caused and in spite of that original complainant appears to have lodged complaint for offence punishable under Section 323 and 504 of IPC and 2 accused is also tried for the said offences. 3. In paragraphs 6 and 7 of the judgment, as point No.1, the trial court has discussed evidence of complainant and his two witnesses and came to the conclusion that PW-2 Rajjak was the watchman appointed by the complainant and as such interested witness. He also noted that accused-respondent was Secretary in the institution and as per the complainant he misbehaved and, therefore, was removed from the institution. Learned Judge has observed that in the cross examination of the complainant it has come on record that there was animosity between complainant and the accused and under such circumstances that could be a reason for complainant to falsely implicate the accused. 3 4. So far as PW-3 Shaikh Siraj is concerned, he has stated that accused had scuffle with complainant. However, that was not the case of PW-2 Rajjak who deposed that he had not heard any quarrel between complainant and the accused and that without saying anything, accused went away. 5. If we consider the reasons given by the trial court for acquittal of accused for offences punishable under Sections 323 and 504 of IPC, then this is not a case wherein leave to file appeal is required to be granted. 6. Hence, application rejected. Date:10/11/2009 (P.R.BORKAR, J.) pnd/criap3456.09