IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 642-MA of 2008(O&M) Date of Decision: October 28, 2010. Ominder Singh ...... PETITIONER(s) Versus State of Punjab and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Jagjit Singh, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl.A.G., Punjab. Mr. Lalit K.Gupta, Advocate for respondents No.3 and 4. ***** RAM CHAND GUPTA, J.(Oral) The present application and appeal have been filed under Section 378(4) of Code of Criminal Procedure for granting Special Leave to Appeal against the judgment of acquittal dated 30.09.2008 passed by learned Sub Divisional Judicial Magistrate, Samrala vide which respondents-accused were acquitted. In view of the amended provision of Section 372 of Code of Criminal Procedure, the applicant-appellant is having right to appeal before CRM No.642-MA of 2008 court of sessions against judgment of acquittal passed by a Magistrate. Hence, in this view of the matter, the present application and appeal are disposed of with liberty to applicant-appellant to file appeal before court of Sessions. However, in case an application for condonation of delay is filed by the applicant-appellant, the period spent by him in pursuing this application in this Court be taken into consideration. ( RAM CHAND GUPTA ) October 28, 2010. JUDGE 'om' 2