,isa HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMWl SINHA, J. APPLICANT APPELLANt Cr.M.P.No.389of2010. State of ChhatUsgarh, Through the Police Station Bamhnidih District Janjgir-Champa (C.G.). VERSUS Respondents 1. Pradeep Sharaf, S/o Kunj Bihari Sharaf, Aged about 51 years 2 Amit Sharaf, S/o Rajendra Prasad Sharaf, Aged about 27 years. 3 Suresh Sharaf, Ste Batbhadra Prasad Sharaf. Aged about 65 years 4 Saurabh Sharaf, S/o Keshav Prasad Sharaf, Aged about 24 years, All r^idents of Village Bamhnidih, P.S. Bamhnidih District Janjgir- Champa (C.G.) CRIMINAL APPEAL FOR ENHANCEMENT OF SENTENCE ^JNDER SECtlON 377 OF THE CODE OF CRIMINAL PROCEDURE.1973. Present: Shri J.A. Lohani, Panel Lanwyer, for the State/ prtitloner ORDER (08thDecember,201<») The following order of the Court was passed by Rajeev Gupta, CJ. Shri J.A. Lohani, leamed Panel Lawyer, for the State/ petitioner, in view of the fact that the present petition/ appeal has been flled under Section 377 of Cr.P.C. for enhancement of the sentence instead of filing an acquittal appeal along with the petition for grant of leave to appeal, seeks permission to withdraw the present petition/ appeal with the liberty of filing another acquittal appeat atong with the petition under Section under Section 378 (3) of Cr.P.C. for grant of leave to appeal against the acquittal of the respondents/ accused persons. 2) Permission granted. 3) With the above liberty, the petition is dismissed EB withdrawn. .!;„/ 4) Regtetry is directed to retum the impugned judgment and other documents filed by the petitioner/ State along with the petition, immediately. ~; Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu