Ashok Tiwari v. Suresh Mishra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 441 of 2011 Ashok Tiwari S/o Jagannath Tiwari, aged about 46 years, R/o Vaishali Nagar, Bilaspur, CG ---- Applicant

Versus

Suresh Mishra, Assistant Manager, Nagrik Bank, R/o Bangalipara, Near Gupta Dairy, Sarkanda, Bilaspur, CG ---- Respondent For Applicant :

Shri H. B. Agrawal, Sr. Advocate along with Smt. Iturani Mukherjee, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board /11/2016 Learned senior advocate submits that against the impugned order an Acquittal Appeal should have been filed but inadvertently, the Criminal Revision has been filed. He, therefore, prays for withdrawal of the present revision petition with liberty to file a duly constituted acquittal appeal along with an application seeking leave to appeal. He further prays that the period which has been spent by the applicant before this Court in the present revision petition may also be permitted to raise in the application for condonation of delay.

Prayer is allowed.

Accordingly, the present criminal revision stands dismissed as withdrawn with the aforesaid liberty.

Registry is directed to return the certified copy of the impugned order to the applicant subject to his providing the photocopy of the same for filing the acquittal appeal.

Sd/- (P. Sam Koshy) JUDGE Bhola