1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR Criminal Application No.4204/2008 In Criminal Revision Application No.232/2008 [The Development Commissioner for Handlooms .vrs. Siraj Ahmad Manjur Ahmed] .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. Shashikant B. Bangde, Assistant Solicitor General of India for applicant, Mr. HMS Athar, Advocate for the respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 29, 2009. Heard. By present application delay of 337 days in preferring an application under Section 397 of the Code of Criminal Procedure with regard to judgment and order dated 29.8.2007 passed by JMFC, Court No.4, Nagpur in SCC No.671/2000 is sought to be condoned. The complainant in said case has sought for exercising such power regarding order of acquittal passed by Magistrate. The complainant has remedy available for making an application in revision 2 before Court of Session even though High Court is also having concurrent jurisdiction regarding the same matter. Having regard to same and having regard to settled legal position, the remedy is to be availed firstly before lower court before directly approaching higher court for such purpose, liberty as sought is granted to the applicant to withdraw application for condonation of delay and revision application. Criminal Application as well as Revision Application are permitted to be withdrawn with liberty to avail appropriate remedy before Court of Session. The same stand disposed of accordingly. JUDGE Gulande