Patna High Court
M/S Bihar State Food Civil Sup. Corpn. ... vs Mohammad Nizam on 2 May, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
Criminal Appeal (U/S) No. 15 OF 1995
In the matter of an appeal under Section
378(4) of the Code of Criminal Procedure.
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1. M/s Bihar State Food and Civil Supplies
Corporation Ltd. Through its Managing
Director having his office at Sone Bhawan,
Fourth Floor, Bir Chand Patel Path, Police
Station Secretariat, Town and District of Patna
2. Shri Dinesh Lall, S/o Shri an employee of
appellant No. 1.
......(Appellants)
Versus
Mohammad Nizam, father's Name not known to the
appellants proprietor at M/S Bata Automobiles, R/o
Bailey Road, P.S.-Kotwali, Town and District of Patna.
......Respondent.
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For the Appellant : None.
For the State : Mrs. Pushpa Sinha, APP.
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PRESENT
THE HON'BLE JUSTICE SMT. ANJANA PRAKASH
Anjana Prakash, J.1. No one appears on behalf of the appellants.
2. The appellant is aggrieved with the judgment dated 18.04.1995 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 132 of 1988/Tr. No. 198/94 by which it has acquitted the respondent for the charges framed under Sections 406 and 409 IPC.
3. On going through the judgment of acquittal, I find that the three witnesses who have been examined on behalf of the complainant have not been able to establish that the accused had misappropriated the jeep of the appellant. Moreover there were several contradictions in the statement of C.W. 1. Having regard to the fact that no perversity has been committed by the Trial Court in acquitting the sole Respondent, I am not inclined to interfere in the matter. The appeal is dismissed.
(Anjana Prakash, J.) Patna High Court, Patna, Dated, the 2nd May, 2011.
NAFR/Vikash/-