IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.60 of 2009 HIRA LAL MISTRI S/O SRI LAICHI SAH, R/O CHHITAULI BAZAR, P.S.- GORIA KOTHI, DISTRICT- SIWAN Versus 1. STATE OF BIHAR 2. RANGEELA YADAV S/OLATE RAM LAGAN RAI, R/O VILLAGE LAHEGI, P.S.- BASANTPUR, DISTRICT- SIWAN ----------- 4 30/06/2009 I. A. No. 1175 of 2009 has been filed for condoning the delay in filing this application. For the reasons mentioned in the limitation, the I. A. No. 1175 of 2009 is allowed and the delay in filing the application is condoned. This application has been filed for grant of special leave to appeal against the judgment dated 21.2.2009 passed by the Judicial Magistrate, Ist Class, Siwan in Complaint Case No. 1264 of 2006 whereby the opposite party no. 2 has been acquitted for the charges under sections 341, 323, 379 and 504 of the Indian Penal Code. I have perused the impugned judgment and the statement of the witnesses. It appears that CW 2 was not produced for cross examination. There are some contradictions in the statement of the CW 1 and 3. On these hypotheses the accused was not convicted. In my view the judgment is correct and it requires interference. This application has no merit, it is accordingly, dismissed. avin (Shyam Kishore Sharma, J.)