- (1.) Heard learned counsel for the petitioner and learned APP. Despite valid service of notice on the private opposite parties, they have not chosen to enter their appearance and contest.
(2.) Petitioner has sought special leave to appeal in terms of Section 378(4) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 13.09.2011 passed in Criminal Appeal No. 65 of 2009 by the learned court of Sessions Judge, Dhanbad whereunder the accused/ O. P. Nos. 2 to 5 were acquitted of the charges under section 448 of the Indian Penal Code. The appeal was allowed and the conviction recorded by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No. 465 of 2003 (T.R. No. 569 of 2009) vide judgment dated 07.02.2009 was set aside.
(3.) The complainant alleged before the learned trial court that the accused persons on 20.3.2003 broke open the lock of Shop No. 11,12 and 27 of the complainant at Gupta market, Digwadih Bazar in which Aata Chakki and furniture were kept, with intent to commit theft and also committed theft of articles worth Rs. 25,000/-. Since no action has been taken by the police, he filed complaint case. Accused persons were summoned after solemn affirmation and enquiry. On their appearance, charges were explained to them under section 448 of the IPC to which they pleaded innocence and claimed to be tried.;