- (1.) This Criminal Miscellaneous Petition has been filed under Ss. 378(4) of the Code of Criminal Procedure for grant of leave to file appeal against the judgment of acquittal dated 07.08.2008 passed in Criminal Appeal No. 43/1998 by learned Sessions Judge, Dhanbad reversing the judgment of conviction passed by learned Judicial Magistrate, 1st Class, Dhanbad in Complaint Case No. 256 of 1991/ T,R. No. 74 of 1998 on 31.03.1998.
(2.) Mr. Kaushik Sarkhel, learned counsel appearing for the petitioner assailed the impugned judgment on various grounds. He submitted that the court witness supported the prosecution case and there are other materials also on the basis of which, learned trial court had rightly convicted the accused persons but learned lower Appellate Court has wrongly acquitted them.
(3.) On the other hand, Mr. B.K. Jha, learned counsel appearing for opposite party nos. 2 to 11 supported the impugned judgment. Mr. Jha also submitted that delivery of possession of tenanted premises has already been handed over to the landlord.;