1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION No. 2317 OF 2007 Umeshkumar Madhavlal Sarodiya & anr. v. St. of Mah. _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders Mr.N.R.Saboo Advocate for the Applicants. Mrs.Ketki Joshi A.P.P., for Res. .... CORAM: A.P.LAVANDE, J. DATED : 25th FEBRUARY, 2008. By this application, the applicants who are accused in Summary Cri. Case No.67 of 2004 before J.M.F.C. Shegaon, challenge the order dated 18.6.2007 passed by the learned Magistrate. Mrs.Joshi, learned A.P.P. submits that the impugned order is revisable and the applicants ought to have filed an application before the appropriate Sessions Court. 2. At this stage, Mr.Saboo seeks leave to withdraw the application with liberty to file revision application before the appropriate 2 Sessions Court. The learned counsel further submits that since the present application was filed on 31.7.2007, the delay in filing the revision application before the appropriate Sessions Court be condoned. Mr.Saboo further submits that the applicants would file revision application before the appropriate Sessions Court within a period of three weeks. 3. Mrs.Joshi submits that the delay in filing revision before the Sessions Court be not condoned since the applicants are at liberty to file application seeking condonation of delay before the Sessions Court. 4. Having considered the submissions made by the learned counsel for the parties, I am of the opinion that this is a fit case in which the applicants deserve to be granted liberty to withdraw the application with liberty to file revision before the appropriate Sessions Court. In case the applicants file revision application against the impugned order before 3 the appropriate Sessions Court within three weeks, the concerned Court will condone the delay and deal with the application in accordance with law. The application is allowed to be withdrawn, with liberty as mentioned above. JUDGE /TA/