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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

JAIPUR BENCH, JAIPUR

Brij Mohan Sharma Vs. State of Rajasthan & Anr.

(S.B. Criminal Revision Petition No.316/2008)

S.B. Criminal Revision Petition under Section

397 read with Section 401 Cr.P.C.

Date of Order :-

04^th November, 2009

HON'BLE MR.JUSTICE R.S.CHAUHAN

Mr.Ajay Gupta, for the petitioner.

Ms.Alka Bhatnagar, public prosecutor.

Mr.Hursh Saini, for the respondent No.2.

The petitioner has challenged the order dated

23.07.2007 passed by the Additional Chief Judicial Magistrate

whereby the learned Magistrate has acquitted the respondent No.2,

Daya Ram for offence under Section 447 IPC.

Mr. Ajay Gupta, the learned counsel for the petitioner,

has contended that according to the petitioner, Brij Mohan, his land

was situated on the Shahapura road, in front of the Electricity Board,

in Khasra No.104. The petitioner has alleged that the respondent

No.2 had committed criminal trespass by parking his thresher in

Khasra No.104. Instead of appreciating the petitioner's testimony,

the learned Magistrate has erred in concluding that the land in

dispute was in Khasra N