IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 301 OF 2008 MR. JOSE MARIA ALBERT VALES ALIAS ROBERT VALES ... Applicant Versus STATE THROUGH DISTRICT AND SESSION JUDGE ... Respondent Mr. Arun Bras De Sa,Advocate for the applicant. Mr. C.A.Ferreira, Public Prosecutor for the respondent. Coram:- A. P. LAVANDE, J. Date:- 20th November, 2008 P.C. 1. Heard Mr. De Sa,learned Counsel for the applicant and Mr. Ferreira, learned Public Prosecutor for the respondent. 2. By this application under Section 482 of Criminal Procedure Code, the applicant seeks to challenge the order dated 02.07.2008 passed by the IIIrd Additional Judicial Magistrate, First Class, Margao in Criminal Case No.380/S/2003/III by which the learned Magistrate has ordered framing of charge under Section 193 of Indian Penal Code. The application was filed on 22.10.2008. 3. Mr. Ferreira, learned Public Prosecutor states that the impugned order is revisable and since the impugned order is passed by the Magistrate, the revision, ordinarily, will lie before the Session Judge. 4. Mr. De Sa seeks leave to withdraw the application with liberty to file revision application before the Session Judge, South Goa, Margao and further submits that since the applicant has already filed application under Section 482 of Criminal Procedure Code challenging the impugned order, delay in filing revision application before the Revisional Court, be condoned. He further states that the applicant shall file an application within a period of two weeks. The prayer has not been opposed by the learned Public Prosecutor. 5. Since the impugned order is revisable and the applicant has approached this Court under Section 482 of Criminal Procedure Code. Leave is granted to the applicant to withdraw the application with liberty to file revision application against the impugned order before the appropriate Session Judge. In case the revision application is filed within two weeks from today, the Session Judge or the Additional Session Judge to whom the matter is made over, shall condone the delay and dispose of the revision application in accordance with law. 6. Registry shall return certified copy of the impugned order subject to applicant placing on record xerox copy of the same. The criminal application is disposed of subject to observations made above. A. P. LAVANDE, J. SMA