Cr.A.No.137 of 2004 7.10.2010. Present: Mr.J.S. Guleria, Assistant Advocate General, for the appellant. Mr.Ajay Kumar, counsel for the respondent. Mr.J.S. Guleria, learned Assistant Advocate General, has made a statement at the Bar that the appeal was to be filed under Section 11(2) of the Probation of Offenders Act since the respondent was released by the learned trial Court under Section 3 of the said Act and that the appeal has wrongly been filed before this Court under Section 378 of the Cr.P.C. Therefore, the learned Assistant Advocate General prays that the memo of appeal may be returned to him and he may be permitted to file appeal before the court of learned Sessions Judge. Accordingly, the prayer is accepted and the appeal is dismissed as withdrawn. Copy of the memo of appeal be returned to the appellant. The learned Sessions Judge shall consider the question of limitation since the appellant had been pursuing the remedy in this Court. The appeal stands disposed of accordingly. Dasti copy. Oct.7, 2010. (V.K. Ahuja), (tilak) Judge.