IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No. 1337 of 2009
Madina Khatoon ..................... Petitioner
Versus
State of Jharkhand & Ors .................. Opp. Partiest
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Coram: Hon’ble Mr. Justice R.K.Merathia
Hon’ble Mr. Justice P.P.Bhatt
……
For the Petitioner : Mr. Vijay Kr. sharma, Advocate
For the State : Mr. APP
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Order No. 04 October 2011
Dated the 11th
I.A. No. 2052 of 2009
Heard Mr. Vijay Kr. Sharma, learned counsel for the petitoner on
the prayer for condonation of delay as well as on the merit of the case.
This petition has been filed for grant of leave to appeal against the
judgment of acquittal dated 27/06/2009, passed by the SubDivisional
Judicial Magistrate, Chatra in Complaint Case No. 74/2006, T.R. No. 450 of
2009.
After hearing the counsel for the petitioner and on going through
the impugned judgment of acquittal, we find that the learned trial court has
rightly acquitted the accused persons from the charges. It has interalia held
that it is crystal clear that there is enmity between the parties since long
due to which this complaint case was filed by the complainant only with a
view to save her own skin from the case lodged by the accused persons prior
to the alleged occurrence. The learned trial court has also found that one of
the cases, filed against the accused persons, were found false and the police
submitted final form.
It appears that after considering the respective cases of the
parties and on going through the materials brought on record by them, the
learned trial court has passed the impugned judgment of acquittal.
Therefore, even if, the explanation for delay of 31 days is
accepted, as we find no merit in this petition, the limitation petition (I.A. No.
2052/2009) as well as the main petition, both are dismissed.
(R.K.Merathia, J)
(P.P.Bhatt, J)
Mukund/