JITENDRA CHAUHAN,J - (1.) FOR the reasons recorded in the application, delay of 72 days in filing the leave to appeal is condoned, subject to all just exceptions.
(2.) THE present petition, under section 378 (4) of the Code of Criminal Procedure, has been filed against the order dated 19.2.2010 passed by the Chief Judicial Magistrate, Jalandhar, whereby Sadhu Singh and Tarsem Singh have been acquitted of the charge in complaint case No. 199/1 of 2002 by giving them the benefit of doubt. Surta Singh, appellant-applicant herein, has filed the complaint against Sadhu Singh and Tarsem Singh, respondents herein and others under sections 191, 192, 201, 500, 120-B IPC, alleging therein that he alongwith other persons was falsely implicated in FIR No. 50 dated 17.4.1997. He was tried and acquitted by the court of Additional Sessions Judge, holding that he had been falsely implicated. It is pleaded in the complaint that the respondents, distributed the copies of the FIR to the villagers, in order to lower his image and reputation in the eyes of general public. On reading the contents of the FIR, his brothers and brother-in-law started estimating the complainant in low esteem thinking that he is not a person of good reputation.
(3.) AFTER the trial, Sadhu Singh and Tarsem Singh were acquitted of the charge. Dharam Singh and Mohinder Singh died during the trial. Feeling aggrieved against the judgment of acquittal, Surta Singh complainant has filed this petition under section 378 (4) Cr.P.C, seeking leave to appeal.;