1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3774 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 04.05.2011. Shri R.R. Karpe, Advocate, for the applicant. Shri V.G. Shelke, A.P.P. for Respondent No.1-State. ----- 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicant-original complainant, seeking leave to file appeal, challenging the judgment and order dted 14.7.2010, rendered by the learned Judicial Magistrate, F.C., Rahuri, in R.T.C. No.294 of 2006, thereby acquitting present respondent Nos. 2 to 4 i.e. original accused Nos. 1 to 3 for the offences punishable under Sections 323, 324, 504 and 506 read with Section 34 of I.P.C. 2 3. Learned counsel for the applicant made submission that the applicant intends to withdraw the present application, with liberty to file appeal before the learned Sessions Court, in accordance with amended proviso to Section 372 of the Code of Criminal Procedure. 4. In view of the said submission, present application stands dismissed as withdrawn with liberty as prayed for. However, it is made clear that the aspect of limitation shall play its own role. If the applicant prefers any application for condonation of delay, and more particularly under Section 14 of the Limitation Act, before the learned Sessions Court, along with the appeal, the said application shall be considered on its own merits, in accordance with the law. Present application stands disposed of, accordingly. pnd/criap-3774.10 (SHRIHARI P. DAVARE, J.)