Ct. No. 4 vs Shyamal Kumar Maji & Ors
2022 Latest Caselaw 1507 Cal

 10   25.03                                 C.R.A. 146 of 2001
akb
      2022                                     Nemai Chand Maji
      Ct. No. 40
                                                     Vs.
                                           Shyamal Kumar Maji & Ors.



                                  None appears on behalf of the appellant Nemai Chand
                   Maji.
                                  None appears for the respondents Shyamal Kumar Maji and

four others.

It appears that administrative notices have been served upon the appellant and the respondents, but to no effect.

The instant appeal arises out of the judgment and order of acquittal dated March 23, 1999 passed by the learned Judicial Magistrate, 3rd Court, Tamluk, in complaint case No. 136C of 1997 under Sections 147/447 of the Indian Penal Code.

The case as made out in the complaint filed in the learned Court below may be stated hereunder :-

On 2nd February, 1997 at about 9 A.M. the respondents Shyamal Kumar Maji and four others forming an unlawful assembly criminally trespassed in the North Eastern portion of Plot No. 197 which belongs to the appellant and started putting up construction thereon by employing masons and labourers. When the appellant and his men voiced protest then the respondents threatened the appellant with dire consequences armed with 'spades', 'sabals' and 'lathis' etc.

After the learned Magistrate took cognizance of the aforesaid offence and after the respondents entered appearance by taking bail from the Court, the substance of accusation under Sections 147/447 of the Indian Penal Code was read over and explained to the respondents, who pleaded not guilty to the accusation. Hence, the trial

commenced.

Perusal of the impugned judgment dated March 23, 1999 passed by the learned Judicial Magistrate, 3rd Court, Tamluk, shows that the learned Magistrate after scrutinizing the evidence on record found that the respondents/accused persons were not guilty of the offence as alleged and accordingly they were acquitted of the aforesaid offence.

I do not find any infirmity and/or illegality in the findings recorded and the decision arrived at by the learned Magistrate.

As the record shows, the appellant is not interested to proceed with this appeal.

In view above, I find that the instant appeal deserves to be dismissed.

Accordingly, the appeal is dismissed.

The judgment and order of acquittal dated March 23, 1999 passed by the learned Judicial Magistrate, 3rd Court, Tamluk, in Complaint Case No. 136C of 1997, is hereby confirmed.

Send back the relevant case records to the learned Court below immediately along with the copy of this order.

( Rabindranath Samanta, J. )