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Judgment
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 Sub-Divisional 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.