1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal APPA No.132/2009 in Criminal Appeal No. ......./2009 Smt. Narmadabai w/o Sukhdeo Wankhede Vs. State of Mah. and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : A.P. LAVANDE & PRASANNA B.VARALE, JJ. DATE : 30/11/2009 Heard Mr. Thakur, learned counsel for the applicant and Mr. Mujumdar, learned APP for the respondents. This is an application for condonation of delay in filing the appeal against acquittal recorded by Adhoc Additional Sessions Judge, Khamgaon in Sessions Case No. 98/2006 acquitting respondents 2 to 9 for offences punishable under Section 376 (g) and 302 read with Section 34 of the Indian Penal Code. The applicant is the mother of deceased. According to Mr. Thakur, the appeal has been preferred under Section 372 of the Code of Criminal Procedure, which permits filing of an appeal by victim. Mr. Mujumdar, learned APP points out that Section 372 of the Code of Criminal Procedure which permits filing of an appeal by the victim has not been brought into force and as such the present appeal is not maintainable and the remedy, if any, available to the appellant would be of filing revision against the impugned 2 judgment and order of acquittal. Mr. Thakur, learned counsel for the applicant does not dispute that the provision enabling the victim for filing an appeal against judgment and order in a State case has not been brought into force. However, Mr. Thakur states that earlier the appellant had filed revision application but he sought withdrawal of revision application since it was urged by learned APP that the appeal was maintainable. In view of the fact that Section 372 of the Code of Criminal Procedure permits the victim to file an appeal against order of acquittal in a State case has not been brought into force. Therefore, the only remedy available to the appeal is to file revision. Mr. Thakur seeks leave to withdraw the application and the appeal with liberty to file revision application against impugned judgment and order of acquittal. In view of the above position, we permit Mr. Thakur to withdraw the application as well as appeal with liberty to file revision application before appropriate bench. The application as well as appeal stand disposed of. JUDGE JUDGE Ambulkar.