IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.59 of 2008 RAM BINOD SINGH Versus STATE OF BIHAR & ORS ----------- 02 09.01.2009 Heard Mr. Kishor Singh Chauhan, learned counsel for the petitioner in support of the application. The petitioner has taken an exception to the judgment and order of acquittal by the learned trial court. The accused/ (opposite parties) herein were tried for the charge punishable under Section 379 of the Penal Code and acquitted by the learned trial court. Admittedly both the parties are agnates. Learned counsel for the petitioner fairly admits that now there is a suit already pending between the parties. In the back drop of these facts this court perused the reasoning/findings recorded by the learned trial court at paragraph no.17 of the impugned judgment. This court finds no patent illegality in the judgment particularly, keeping in view the fact that now since a suit is already pending between the parties. The right title and interest in respect of the disputed land shall be decided in the said suit. Learned counsel for the petitioner then submits that the findings recorded by the learned trial court may not prejudice the parties in the pending suit. This court finds force in the contention of the learned counsel for the petitioner. 2 It is observed that the findings recorded by the learned trial court in acquitting the opposite parties herein shall not enure to the benefit of either parties to the suit. With these observations, the application stands dismissed. Sym ( Kishore K. Mandal, J.)