IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.93 of 2010 MD.ISHAQUE Versus MD.KAUM & ORS ----------- 2. 14.12.2010 Heard this application at the stage of admission. This is an application for leave to file appeal against the judgment dated 25.9.2010 of the Judicial Magistrate, 1st Class, Muzaffarpur (East) passed in Complaint Case No. 931 of 2006/Tr. No. 2966 of 2010 whereby the O.P. Nos. 1 to 13, who were tried of the charges under Sections 323, 448, 342, 147 and 380 of the Indian Penal Code and were acquitted of the charges. It is not necessary to mention in detail about the occurrence but the necessary relevant facts of the case are that seven witnesses including the complainant were named in the complaint petition. Out of them, only two were examined before charge and on the basis of that evidence charges were framed. After framing of charges, several adjournments were allowed to the complainant but he did not produce any witness for cross- examination as a result of which, learned trial court closed the complainant’s evidence and passed the judgment of acquittal. The learned trial court rightly discarded the evidence of the two witnesses as was produced before framing of the charges for considering the question of the criminality of the O.Ps. inasmuch as the evidence of the witnesses as recorded before charge was not fit to be considered due to their having not produced in cross- examination. Besides this, there was no other evidence produced 2 by the complainant. In such view of the matters, there is no perversity or illegality in the order of acquittal as passed by the learned trial court. Therefore, finding no merit in this application, it is dismissed at the stage of admission. Ravi/- ( C. M. Prasad, J.)