CRA-1041-2015 (SMT. SARITA UIKEY Vs SANTOSH UIKEY) 26-08-2015 Shri R.P.Mishra, counsel for the appellant.
By order dated 04.08.2015 learned counsel for the appellant was granted time to move appropriate application for converting this criminal appeal against acquittal under proviso to Section 372 of the Code of Criminal Procedure into an application for grant of special leave to appeal under Section 378(4) of the Code of Criminal Procedure.
Learned counsel for the appellant has filed I.A.No.16225/2015 which is not an application to convert aforesaid appeal into aforesaid application but is an independent application for special leave to appeal under Section 378(iv) of the Code of Criminal Procedure, which can not be entertained in this criminal appeal against acquittal.
In aforesaid situation, learned counsel for the appellant prays for withdrawal of this appeal under proviso to Section 372 of the Code of Criminal Procedure with liberty to file fresh application for special leave to appeal under Section 378(iv) of the Code of Criminal Procedure.
In aforesaid circumstances, this criminal appeal under proviso to Section 372 of the Code of Criminal Procedure against appeal is dismissed with liberty as prayed.
As prayed, let certified copy of the impugned order be returned to learned counsel for the appellant on his filing a self attested true copy of the impugned judgment.
(C V SIRPURKAR) JUDGE