Noor Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.53 of 2018 Arising Out of PS. Case No.-6978 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Noor Alam, Son of Late Vasir Hasan, Resident of Village-Balaha Vishanpura, P.S. Barauli, District-Gopalganj Bihar.

... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Faiyaj Ahamad Son of Kayum Miyan Resident of Village-Barauli, P.S.Barauli District-Gopalganj Bihar.

3.

Sunil Tiwary Son of Late Mokhtar Tiwary Resident of Village-Bhadkueiya, Tiwary Tola, P. S. Barauli, District-Gopalganj Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Satish Kumar For the Respondent/s :

Mr.Binod Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2019 Heard the learned counsel appearing on behalf of the appellant and learned Additional Public Prosecutor for the State. 2.

This Special Leave to Appeal has been filed on behalf of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment and order dated 26.09.2019 passed by the Judicial Magistrate, 1st Class, Gopalganj in Compliant Case No. 6978 of 2015, Trial No. 2142 of 2018, Whereby and whereunder, he acquitted the respondent Nos. 2 and 3 from the charges under Sections 323, 379, 406 and 504 of the Indian Penal Code. 3.

On perusal of the impugned Judgment, it is

Patna High Court SLA No.53 of 2018(5) dt.01-08-2019 2/2 apparent that the learned Judicial Magistrate, 1st Class, Gopalganj has well discussed the evidence in detail and rightly arrived at conclusion that prosecution failed to prove the charges under Sections 323, 379, 406 and 504 of the Indian Penal Code. 4.

I find no reason to allow this Special Leave to Appeal and, accordingly, same is dismissed. (Rajendra Kumar Mishra, J) manish/- U T