1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1712 OF 2009 Dilipkumar s/o Pandharinath Sugawe Applicant Versus Jalba s/o Baba Gaikwad & 4 others Respondents Mr.A.M.Gaikwad, advocate for the applicant. CORAM: R.M.BORDE, J. DATE : 17th June, 2009. P.C.: This is an application seeking leave to file appeal against the order of acquittal recorded by Judicial Magistrate, First Class, Mukhed, on 30.03.2009 in Regular Criminal Case No.194/2003. The applicant – original complainant presented Complaint to the Court of Judicial Magistrate, First Class, Mukhed, making allegations in respect of commission of offence punishable under Section 379 read with Section 34 of the Indian Penal Code against accused – Respondents No.1 to 4. It is alleged by the prosecution that accused have committed theft of sunflower crop from the land of complainant, bearing G.No.1007, worth Rs.17,000/-. It transpires from perusal of the judgment of trial Court that there was civil dispute pending between the parties in the shape of R.C.S. 2 No.66/2003. The complainant / applicant herein had instituted the suit for declaration of ownership and recovery of possession of agricultural land alleged to have been encroached upon by accused / Respondents No.1 to 4. Suit instituted by the complainant / applicant came to be dismissed. Accused contend that the piece of land belongs to them and as such they are entitled to harvest the crop, which defence appears to have been substantiated in view of the decision in R.C.S. No.66/2003. The reasons recorded by the learned trial Judge in support of order of acquittal appear to be logical. There is no infirmity in the order passed by the trial Court directing acquittal of the accused. Criminal Application is devoid of substance. Hence Application stands rejected. (R.M.BORDE) JUDGE ******* adb/criappln171209