Judgment · High Court

Shri L.L.Sharma, learned Dy. Government Advocate for the respondent No.4. The applicant has preferred this revision under Section 397 read with Section 401 of the Cr.P.C. being aggrieved by the judgment dt. 13.2.2012 passed by Judicial Magistrate First Class Indore, in Criminal Case No. 48/2005 acquitting the respondents from the charge of Section 498-A and 323 of IPC and also from Section 4 Dowry Prohibition Act. It is undisputed fact as appears from the judgment that at the instance of the present applicant some FIR was registered on which after holding the investigation the charge sheet was filed against the respondents No. 1 to 3 for their prosecution under the above mentioned Sections of IPC and in such case after holding the trial, the above mentioned impugned judgment of acquittal has been passed. True it is before 31.12.2009 the complainant could have filed a criminal revision against the acquittal of the accused extended by the Trial Court or the Appellate Court but subsequent to that a proviso is inserted in Section 272 of the Cr.P.C. According to such -.-.-.-.2-.-.-.-. proviso after extending the acquittal to the accused the victim has also a right to file the appeal against such judgment before such Court, in which the appeal against the judgment is filed. In view of the aforesaid on making certain query from the applicant Counsel regarding maintainability of this revision before this Court on which after perusing the aforesaid proviso of Section 372 of the Cr.P.C., applicant Counsel seeks permission to withdraw this revision with liberty to file the appeal against the impugned judgment under the aforesaid proviso before the appropriate Session Court. Considering the prayer without expressing any opinion on merits of the matter, the revision is dismissed as withdrawn and not pressed by extending the liberty to the applicant to file the appeal under the aforesaid proviso of Section 372 of Cr.P.C. The applicant on filing the application under Section 14 of the Limitation Act along with the aforesaid appeal shall be entitled to get the exclusion of the period of limitation for filing the appeal which has been spent by her in prosecuting the present revision. Office is directed that on furnishing a photo copy of the impugned judgment, a certified copy of the same be given to the applicant Counsel from the record enabling him to file the aforesaid appeal. Revision is dismissed as withdrawn and not pressed with the -.-.-.-.3-.-.-.-. aforesaid liberty, observations and directions. Certified copy as per rules. (U.C.MAHESHWARI,J) M.Jilla.