IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave to Appeal No.127 of 2011 With Criminal Appeal No.313 of 2011 Rajendra Singh Rokali President Rokali Gram Samiti R/o Tokali Kheda, Dharchula, District Pithoragarh ….…..Appellant Versus 1. Deewan Singh Gunjyal, President Sahakari Sadhan Simiti Lampus (Gunji), R/o Ghatdhar, P.S. Dharchula, District Pithoragarh 2. Beer Singh Dhami, Sachiv, Sahakari Sadhan Samiti, Dharchula, R/o Malla Bazar Dharchula, District Pithoragarh 3. Tulsi Bundiyal, ADO, Cooperative Khand Vikas Karyalaya, Dharchula, P.S. Dharchula, District Pithoragarh ……Respondents Sri G.C. Lakhchaura, Advocate holding brief of Sri Amit Kapri, Advocate, present for the appellant Hon’ble Prafulla C. Pant, J. This is Delay Condonation Application No.1497 of 2011 for condonation of delay in filing the appeal against the judgment and order dated 30.8.2011 passed by Judicial Magistrate Ist Class, Didihat, in criminal case no.744/2007, whereby said court has acquitted the respondents Diwan Singh Gunjayal, Beer Singh Dhami and Tulsi Bundiyal from the charge of offence punishable under section 448 of I.P.C. 2 The delay condonation application is allowed. Delay in filing the appeal is condoned. Also heard on leave to appeal no.127 of 2011 and perused the impugned judgment and order passed by the trial court, whereby the respondents are acquitted from the charge of offence punishable under section 448 of I.P.C. Having gone through the impugned judgment and order and after considering the submissions of learned counsel for the appellant, this Court finds no illegality in the order challenged. It is categorically discussed by the trial court at length that the respondents by virtue of their office were occupying the premises since the year 1964- 65, and there was no criminal trespass. In the above circumstances, leave to appeal is refused. (Leave to appeal application no.127 of 2011 stands disposed of). The appeal also stands dismissed summarily. (Prafulla C. Pant, J.) 14.12 11 .20 Rajni