IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.74 of 2009 Rabindra Kumar Ambastha, son of Late Baldeo Prasad, resident of Suggi, PS and District Jamui – Appellant. Vs. 1. The State of Bihar, 2. Ashok Thakur, 3. Mahendra Thakur, both sons of Janki Thakur, 4. Shankar Thakur, 5. Tripurari Thakur, both sons of Dhaneshwar Thakur, 6. Awadhesh Thakur, 7. Shambhu Thakur, both sons of Baidyanath Thakur, all of village Suggi, PS and district Jamui – Respondents. 4 14.9.2009 The Appellant is aggrieved by order, dated 9.3.2009 passed by the Additional District Judge, F.T.C. III, Jamui in Cr. Appeal No. 29/2008/178©/2004 by which he has acquitted the opposite parties of offences alleged to have been committed under sections 147, 447 and 379 of the Penal Code setting aside the order passed by the Judicial Magistrate, Ist Class, Jamui. On perusal of the judgment and order of the Additional District Judge, FTC III, Jamui, it appears that the court has taken into consideration the fact that the complainant was a bonafide purchaser and he as a purchaser had harvested the crops claiming that he was in possession whereas the complainant claimed that he was entitled to harvest the crop but could not show to the court below any document to establish his title. The said complaint was filed after a delay, even though the Chowkidar of the village was informed of the occurrence. Besides this no steps for recovery of the said crop were taken by the Chowkidar or the police station, thereby leading to the conclusion that the case had been falsely 2 instituted. In the circumstances I find no anomaly in the reasonings given by the court below. This application is accordingly dismissed. haque (Sheema Ali Khan, J.)