(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 1357 of 2011 (In Criminal Appeal No. 138 of 2011) With Criminal Appeal No. 138 of 2011 Laxman Hanumanta Gulve, Age : 40 years, Occupation : Agriculture, .. Applicant/ R/o. Sayakhindi, Appellant Taluka : Sangamner, (Original District : Ahmednagar. complainant) versus 1. Somnath Ramchandra Jedgule, Age : 26 years, Occupation : Agriculture, R/o. Godasewadi, Taluka : Sangamner, District : Ahmednagar. 2. Ramchandra Gangadhar Jedgule, Age : 50 years, Occupation : Agriculture, R/o. Godasewadi, Taluka : Sangamner, District : Ahmednagar. 3. Sau. Kacharabai Ramchandra Jedgule, Age : 45 years, Occupation : Household, R/o. Godasewadi, Taluka : Sangamner, District : Ahmednagar. (2) 4. The State of Maharashtra. .. Respondents. (Nos.1 to 3 - Original accused) ....................... Mr. S.D. Malwadkar, Advocate, for the applicant / appellant. Smt. Y.M. Kshirsagar, Additional Public Prosecutor, for respondent no.4. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 8TH JULY 2011 COURT'S ORDER : 1. Since the State has filed Criminal Application No. 2345/2011, seeking leave to file appeal challenging the judgment and order of acquittal recorded by the learned Assistant Sessions Judge, Sangamner, in Sessions Case No. 56/2009, dated 25-1-2011, Adv. Mr. S.D. Malwadkar, for the applicant / appellant herein i.e. original complainant, on instructions, seeks leave to withdraw the present application with liberty to file fresh application seeking permission to assist the learned Additional Public Prosecutor in Criminal Application No. 2345/2011. (3) 2. In view of the said submission, leave granted, and present Criminal Application stands dismissed as withdrawn with the liberty as prayed for. Consequently, Criminal Appeal No. 138/2011, filed by the appellant (original complainant) challenging the order of acquittal, does not survive, and same also stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka1357etc