IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. A-443-MA of 2010 DATE OF DECISION : 29.11.2010 State of Punjab .... APPLICANT Versus Tarlochan Singh and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JORA SINGH Present: Mr. Pavit Singh Mattewal, Addl. A.G., Punjab, for the applicant-State. * * * SATISH KUMAR MITTAL , J. The State of Punjab has filed this application seeking leave to appeal against the judgment dated 5.2.2010, passed by the court of Chief Judicial Magistrate, Muktsar, whereby accused Tarlochan Singh and Varun Kathuria (respondents herein) have been acquitted of the charge framed against them for the offence under Section 406 IPC. As per the amended provision of Section 378 of the Code of Criminal Procedure, against such acquittal, the remedy of appeal is provided to the Court of Sessions. In view of this fact, learned counsel for the applicant-State submits that he may be permitted to withdraw this application for grant of leave to appeal with liberty to file appeal against the aforesaid judgment before the Court of Crl. Misc. No. A-443-MA of 2010 -2- Sessions. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL ) JUDGE November 29, 2010 ( JORA SINGH ) ndj JUDGE