IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.75 of 2008 SATYENDRA NATH SHARMA Versus STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. Bipin Kumar & Mr. Arun Kumar, Advocates. For the Respondents: Mr. Lovekush Kumar,Advocate. 06. 19.02.2009 Heard both sides. The petitioner/complainant takes exception to the judgment and order of acquittal dated 19.08.2008 passed by Judicial Magistrate, Ist Class, Hilsa, in complaint Case No. 530( C) of 2001/Trial No. 1477/2008 whereby the learned trial court upon conclusion of trial acquitted the accused/opposite party Nos. 2 to 7 herein of all the charges punishable under Sections 341,379,504,147,447, 323 of the Penal Code. The dispute admittedly relates to a pond. According to the complainant, the accuseds/opposite parties herein forcibly fished from the said pond causing loss of ninty thousand to the complainant. Learned counsel for the petitioner fairly admitted before this court that the pond is on the ‘Gairmajurwa Aam’ land. He has further admitted that a Title Suit has already been filed by the accuseds/opposite parties herein in the year 2000 itself in which the complainant and others are defendants. Learned trial court in paragraph nos. 19 and 22 of the impugned judgment has taken note of all the salient feature of the case appearing from the record in order to acquit the accused(s) of the charges. In the backdrop of facts so noted, the consideration of the matter by the 2 learned trial court cannot be faulted and said to be perverse in law. The application seeking leave has no merit which is accordingly dismissed. This court only observes that the dismissal of the application shall not prejudice case of either party to the suit said to have been filed and pending. Sym ( Kishore K. Mandal, J.)