1 appln 560 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.560 OF 2011 The State of Maharashtra .. Applicant -versus Riyaz Ibrahim Patel and ors .. Respondents. Mrs. V.R. Bhosale, APP for the Applicant State. CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against judgment of acquittal rendered by the learned Judicial Magistrate First Class, Court No.3, Solapur, for the offences punishable under Sections 147, 323, 506 r/w 149 of the Indian Penal Code. With some difficulty I could understand what the learned Magistrate wanted to convey. The learned Magistrate may be wrong in concluding that as the fifth accused was not arrested an unlawful assembly could not be said to have formed. The learned Judge also may be wrong in attributing to the accused to fundamental right to protect the property. But The learned Magistrate has rightly concluded that the accused had prima facie established that they had purchased the property and therefore, could continue to occupy the same. Therefore, though the choice of expression by the learned Magistrate may call for some improvement the causation is 2 appln 560 of 2011 not deficient. Hence it cannot be said that the judgment is perverse and calls for any interference. Leave refused. Appeal is dismissed. (R. C. CHAVAN, J.)