- (1.) Heard learned counsel for the applicant and learned A.G.A. for the State. By means of this application the complainant-applicant Baij Nath is seeking leave to file appeal against the judgment and order dated 28.1.1999 passed by IIIrd Judicial Magistrate, Deoria in Case No.473 of 1991, Baij Nath Vs. Ram Chandra and others under Section 323, 353, 392, 427, 504, 506 I.P.C. by which he dismissed the complaint and acquitted the accused opposite party nos.1 and 2.
(2.) I have perused the impugned judgment as well as the other materials on record. The learned trial court after a meticulous scrutiny of the facts of the case and consideration of the entire evidence on record oral as well as documentary held that the complainant-applicant had failed to prove the charge under Sections 323, 353, 392, 427, 504, 506 I.P.C. against the accused-opposite party nos.1 and 2 beyond reasonable shadow of doubt and accordingly dismissed the complaint filed by the applicant.
(3.) After going through the impugned judgment as well as the record of the complaint case, I am of the view that the judgment passed by the court below is based upon relevant considerations and supported by cogent reasons and has not been shown to suffer from any illegality, infirmity or perversity warranting any interference by this Court. Accordingly, the leave to file appeal is refused. The application is dismissed.;