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The application for leave to appeal, against the impugned judgment dated 21.05.2011 passed by the Judicial Magistrate Ist Class, Rewari, whereby the respondent-accused has been acquitted of the charges framed against him, has been filed at the instance of the complainant.

It is useful to refer to Section 372 CrPC, as amended w.e.f. 31.12.2009, whereby a proviso has been inserted, giving right of appeal to the victim before the Sessions Judge. Section 372 CrPC reads thus:-

This Court, vide order dated 23.08.2010 in Crl.Misc. No.586-MA of 2009 titled as, Dr. Gian Singh Kamboj vs. Dr. Nirmaltej Singh Sodhi and another", has observed that after the amendment made in Section 372 Cr.P.C, all the appeals against the judgment/orders passed by Judicial Magistrate lie before the Sessions Judge. The said amendment being an amendment in the procedure is to be read and applied retrospectively.

In view of the aforesaid amended provision of Section 372 CrPC, the applicant is relegated to the aforesaid remedy. The present application for leave to appeal is ordered to be withdrawn from this Court and the applicant is permitted to file an appeal before the Sessions Judge, Rewari.