- (1.) This application has been filed under Section 378(4) Cr.P.C seeking leave to file an appeal against the judgment of acquittal dated 06.04.2011, vide which the respondents were acquitted of the charges framed against them. Heard.
(2.) Brief facts of the case, as per para 2 of the trial Court judgment are:- "That Ayub Khan filed a suit No. 752/1998 titled Ayub Khan vs. Ashok Kumar and others on 07.12.1998. In the said suit, Ashok Kumar complainant Arya Mitter, brother of the complainant, Ram Singh son of Chet Ram, Surinder Kumar son of Mangat Ram, Dharam Pal, Nasib Singh son of Niranjan Singh and Mohd. Napak son of Alia Nyaz were arrayed as defendants. The Court issued summons directing the defendant to put in appearance in the Court on 09.06.1999. The complainant and his brother Arya Mitter were served for 09.06.1999 prior to 04.06.1999. On 04.06.1999, the complainant went to village Thol during day time and found near High School Vijay Kumar, Nirmal Singh (Chowkidar) and Ayub Khan. There he met Ram Karan, Vijay Kumar Process Server was in possession of summons of Mohd. Nanak issued by the Court in the case filed by Ayub Khan. In the meantime, Ram Kumar Patwari also reached there and in the presence of the complainant and Ram Karan, Ram Kumar Patwari asked Vijay Kumar Process-server, as pre-settled, a report refusal to receive the summons of Mohd. Nanak be made and thereafter, all of them namely Vijay Kumar, Process-Server, Nirmal Singh, Chowkidar, Ayub Khan and Ram Kumar Patwari went towards the house of Ayub Khan. According to the report made on the back of summons by Vijay Kumar, Process server duly authenticated by Nirmal Singh, Chowkidar, Mohd. Nanak refused to accept the service and as such a copy was displayed at his house in village Thol.
(3.) It was further averred that Satvinder Singh Trar, Advocate in connivance with Ayub Khan put in appearance on 09.06.1999 in the Court on behalf of Mohd. Nanak and filed power of attorney duly accepted by him whose refusal to receive summons was manipulated on 16.07.1999 Mohd. Nanak put in appearance in the Court personally and made a statement on oath which is a part of judicial file which shows that power of attorney filed by Satvinder Singh Trar, Advocate in the Court on 9.6.1999 duly thumb marked and accepted by him was not a genuine document.;