crapln1736.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1736 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Since the facts of the case are stated elaborately in paragraph Nos.2 to 4 of the impugned judgment by the trial Court, the same need not be repeated here. 2 The learned Counsel for the applicant invited my attention to the evidence of the P.W.3 Sikandarkhan who has deposed in his examination-in-chief that the respondent was illegally cutting tamarind trees and, therefore, necessary complaint was filed. However, the trial Court has crapln1736.10 2 erroneously acquitted the respondent. 3 The Counsel for respondent invited my attention to para 8 of the impugned judgment and submitted that the complaint was filed after eight and half months of the alleged cutting of the trees. It is also submitted that civil litigation is pending between the parties. 4 Upon hearing the learned Counsel for the parties and perusal of para 8 of the impugned judgment, it does appear that the complainant did not produce on record any proof showing prior existence of tamarind trees in the said field. The trial Court has observed in para 8 that the 7/12 extract of survey No.202 did crapln1736.10 3 not disclose entry of existence of tamarind trees or any other trees. 5 Therefore, in my opinion, the trial Court has taken a possible view in the matter and no interference is called for. Hence, the application stands rejected. Record be sent back to the concerned Court. (S.S. SHINDE, J.) 14.02.2011. PLK/*