( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1979 OF 2009 Dagadu s/o Kerba Kadam APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. Kishor S. Bhore, advocate for the applicant. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th August, 2009] PER COURT : 1. Heard. 2. The applicant is original complainant who had filed private complaint case bearing S.C.C. No. 673/2005 against the respondents No. 2 to 6 for offence punishable under section 447, 434 read with section 34 of the I.P. Code. Allegedly, on 19th July, 2005, the respondents No. 2 to 6 committed criminal trespass in the agricultural land of the complainant/applicant, bearing Gat No. 90 and uprooted the marks of measurement ( 2 ) which were fixed by the pedestal surveyor. The learned Magistrate noticed that the applicant failed to prove that the respondents No. 2 to 6 had uprooted the measurement marks in the relevant evening. The learned Magistrate noticed that the pedestal surveyor by name Pathan was not examined by the applicant. It was also found that the civil dispute is going on between the parties. In view of absence of satisfactory evidence, the impugned judgement of acquittal was rendered by the learned Magistrate. No prima facie case appears to have been made out in order to interfere with the impugned judgement of acquittal. Leave to appeal is refused. The criminal application is dismissed. Consequently, the appeal stands dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIAPLN1979-09