IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.1141 of 2010 RAJMANI THAKUR Versus STATE OF BIHAR & ORS ----------- 6. 01.03.2011. Heard Sri Anjani Kumar Jha, learned counsel appearing for the appellant who is the complainant of Complaint Case No.1804 of 2005 and who is aggrieved by the judgement and order of acquittal passed by Sri Anil Kumar Ram, Judicial Magistrate, Ist Class, Darbhanga in Tr.No.2780 of 2010 passed on 16.7.2010 seeks to withdraw the present appeal with a liberty to file the appeal before the learned Sessions Judge which forum is the right forum in the light of the Section 372, proviso of the Cr.P.C. The permission is granted. The appeal is permitted to be withdrawn so as to be filed before the learned Sessions Judge and as such dismissed. The days which may intervene as limitation in filing the fresh appeal before the appropriate forum, may be condoned by the learned Sessions Judge considering that the appellant was diligently prosecuting this appeal on account of his ignorance of the amended provision. B.Kr. ( Dharnidhar Jha,J.)