IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4667 OF 2008 Union of India .. Applicant Versus Mamumiya Panjumiya & Ors. .. Respondents Mrs.A.S.Pai for the applicant. Ms.A.T.Jhaveri, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th January 2009. : 15th January 2009. : 15th January 2009. P.C.: . The learned counsel appearing for the applicant seeks permission to withdraw this application with liberty to file the same in the appropriate Sessions Court as appeal against acquittal is maintainable in the Sessions Court. 2. Accordingly, application is dismissed as withdrawn with liberty as prayed. 3. If an application is filed before the appropriate Sessions Court, the Sessions Court is bound to consider the fact that this application was presented on 19th December 2008 and the same remained pending in this Court till today. Certified copy of the impugned order be returned to the advocate for the applicant. (A.S.Oka,J)