1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (APPA) NO.49/2011 IN CRIMINAL APPEAL NO.________/2011 (Smt. Sushilabai Mahadeorao Solanke .vrs. State of Maharashtra and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. C.A. Joshi, Advocate for applicant/appellant, Mr. S.S. Doifode, APP for respondent no.1/State, Mr. D.M. Surjuse, Advocate for respondent no.2. .......... CORAM : P.D. KODE, J DATED : APRIL 19, 2011 Heard. The learned counsel for the applicant states that without noticing the date of judgment to be assailed and the fact of benefits of the amendment effected to Code of Criminal Procedure, by Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) being not available to the applicant, the applicant has sought leave to prefer an appeal to this court. It is further urged that hence the applicant is seeking leave to withdraw the present proceeding for enabling him to file appropriate proceeding i.e. an application in revision for assailing the judgment and order of acquittal dated 16.6.2009 passed in SCC No.1736/2008 of the Court of 2 Judicial Magistrate, First Class (Court No.1) Yavatmal. It is further requested for returning certified copy of the judgment of the trial court filed in the proceeding. The learned APP has not objected for any of the said request made on any count. In view of the same, the application preferred for seeking leave to present an appeal and so also the appeal presented stand disposed of as withdrawn with liberty to the applicant to take appropriate proceedings in accordance with the law before appropriate forum. The request for returning the certified copy of the judgment is also allowed subject to keeping xerox copy of the same for the purpose of the record. JUDGE Gulande