Punjab-Haryana High Court
Amrik Singh vs Pritpal Singh Midha on 10 April, 2013
Author: L. N. Mittal
Bench: L. N. Mittal
Crl. Misc. No. M-37879 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-37879 of 2012
Date of Decision : April 10, 2013
Amrik Singh .... Petitioner
Vs.
Pritpal Singh Midha .... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Ms. Kulwant K. K., Advocate
for the petitioner.
Mr. K. K. Chaudhary, Advocate
for the respondent.
* * *
L. N. MITTAL, J. (Oral) :
Learned counsel for the petitioner stated that in view of Full Bench judgment of this Court in the case of M/s Tata Steel Ltd. vs. M/s Atma Tube Products Ltd. & Ors. bearing CRM-790-MA-2010, decided on 18.03.2013, appeal against judgment of acquittal, passed by trial Magistrate in private criminal complaint case, does not lie to Sessions Court and the complainant has to file application under Section 378 (4) of the Code of Criminal Procedure (in short - Cr.P.C.) in this Court for special Crl. Misc. No. M-37879 of 2012 2 leave to file appeal against said judgment.
In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw the instant petition, with liberty to file application under Section 378 (4) Cr.P.C. for special leave to appeal against judgment of acquittal passed by the trial Magistrate.
Dismissed as withdrawn, with liberty as aforesaid.
April 10, 2013 ( L. N. MITTAL ) monika JUDGE