IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.563 of 2009 KHALDAH KHATOON WIFE OF LATE AMIN AHASAN,, R/O- VILLAGE- RAMNAGAR BANKAT, P.S.- MAJHAULIA, AT PRESENT R/O- MOHALLA- KISHUN BAG, P.S.- BETTIAH TOWN, BOTH WITHIN THE DISTRICT OF WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. ALLAUDDIN MIAN SON OF AZIZ MIAN, R/O- VILLAGE LOHIYA MATH, P.S.- HARSIDHI, DISTRICT- EAST CHAMPARAN. 3. NAJEEB MIAN SON OF LATE MOHAMMAD JAN MIAN. 4. AKHTAR MIAN SON OF DILSHER MIAN 5. JAGAN MIAN SON OF LATE KODAI MIAN, 3 TO 5 R/O- VILLAGE JAUKATIYA, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN. 6. AKBAR MIAN SON OF LATE ISHMOHAMMAD MIAN, R/O- VILLAGE- RAMNAGAR BANKAT, P.S.- MAJHAULIA, DISTRICT WEST CHAPARAN ----------- 2 15.11.2010 Heard learned counsel for the petitioner and the State. Petitioner, who is the informant of the case which gave rise to Tr. No. 989 of 2000 of the Court of Judicial Magistrate, 1st Class, West Champaran, Bettiah, wherein on a consideration of the evidence, the opposite parties herein were found and held guilty under Sections 379 and 411 of the Indian Penal Code. As per the prosecution case, petitioners had cut/felled three Sheesham trees and few bamboos from the land claimed by the informant. Aggrieved by the judgment, convicts/opposite parties preferred criminal appeal bearing Cr. Appeal no. 34 of 2000 in which, learned appellate Court by the order impugned acquitted them of the charges. I have carefully gone through the judgment, particularly the finding recorded in paragraph no. 10 wherefrom it appears that the informant admitted that a suit for partition was filed and 2 pending between the parties from before the date of occurrence. It further appears that logs of shesham trees and bamboos were found loaded on a bullock cart which was found abandoned on road. From paragraph 17, it appears that the lands in question are part of the suit land. In these factual backgrounds emanating from the record, learned trial Court has acquitted the opposite parties of the charge punishable under Sections 379 and 411 of the Indian Penal Code. This Court does not find any patent illegality in the impugned order meriting interference. The application is dismissed. pkj ( Kishore K. Mandal, J. )