IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (U/S) No.6 of 1993 ANIL KUMAR THAKUR s/o Nityanand Thakur, resident of village- Rangra, P.S. Gopalpur, Dist. Bhagalpur…………appellant Versus UMA BHAGAT s/o Ganesh Bhagat, resident of Naugachhia Bazar, P.S. Naugachhia, Dist. Bhagalpur………….respondent ----------- 3 15-04-2009 Nobody appears on behalf of the appellant or on behalf of the respondent. This appeal has been preferred by the complainant u/s 378 of the Code of Criminal Procedure against the judgement and order dated 19-6-1992 passed by learned Judicial Magistrate, 2nd class, Nawgachhia district Bhagalpur in complaint case no. 191/1989 whereby the sole accused-respondent has been acquitted of charges u/ss 146, 323 and 380 of the Indian Penal Code. The trial court has considered the materials on record which show that complainant was a tenant in the house of sole accused and although he alleged assault and dishonest removal of valuables worth Rs. 6,500/- from the house, the trial court found evidence of complainant’s witnesses contradictory and unreliable and, therefore, acquitted the sole accused. The sole accused has already suffered criminal prosecution now for nearly twenty years. Since nobody appears on behalf of the appellant, this appeal against acquittal is dismissed for non prosecution. BKS/ (Shiva Kirti Singh,J.)