Judgment:
M.Cr.C.No.2127/2010 M.Cr.C.No.2127/2010 28.2.2014 Shri B.M.Prasad, counsel for the applicant.
Shri Prakash Gupta, Panel Lawyer for the State/respondent No.1.
Heard on admission.
The applicant has preferred the present application under Section 482 of the Cr.P.C.against the order dated 21.12.2009 passed by the learned 11th Additional Sessions Judge, Jabalpur in criminal revision No.137/2009, whereby the revision was dismissed and the judgment dated 16.3.2009 passed by the learned JMFC, Jabalpur in criminal case No.1308/2004 was confirmed, in which the respondents No.2 to 4 were acquitted from the charges of offence punishable under Sections 448 and 427 of IPC.
After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that the applicant found that some scrap was lying in front of his shop and in the night someone had entered in his premises and wall of the well was broken and well was filled up with the scrap.
The trial Court found that there was no eye witness to say that such an act was done by the respondents No.2 to 4.
Under such circumstances, M.Cr.C.No.2127/2010 in absence of any offence, the respondents No.2 to 4 were acquitted.
Suspicion cannot take the place of evidence.
The FIR was lodged with delay of 2 days, which indicates that the complainant decided after two days as to whom he wants to implicate and thereafter, he had lodged an FIR against the respondents No.2 to 4.
It was not proved beyond doubt that the respondents No.2 to 4 entered in the premises or they damaged the wall of the well belonging to the applicant.
Under such circumstances, the trial Court has rightly acquitted the respondents No.2 to 4 from the alleged crime.
There is no basis to interfere in the orders passed by both the Courts below.
There is no ground so that inherent powers of this Court under Section 482 of the Cr.P.C.can be exercised in the present matter.
Consequently, application under Section 482 of the Cr.P.C.filed by the applicant Rajendra Kumar Jain is hereby dismissed at motion stage.
A copy of the order be sent to both the Courts below alongwith their records for information.
(N.K.GUPTA) JUDGE Pushpendra