Virendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 2304 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                    ON THE 8 th OF FEBRUARY, 2023
                  CRIMINAL APPEAL No. 1914 of 2023

BETWEEN:-
VIRENDRA S/O SHRI KUNJ BIHARI BITHARE, AGED
ABOUT    24  YEARS, OCCUPATION: LABOUR R/O
BILTHARE    MOHALLA    GOURGANJ   TAH.DEORI
DISTRICT SAGAR (MADHYA PRADESH)

                                                                  .....APPELLANT
(BY SHRI BHUPENDRA MISHRA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE    STATION   POLICE   STATION
      GOURJHAMAR (MADHYA PRADESH)

2.    VICTIM A D/O NOT MENTION NOT MENTION
      (MADHYA PRADESH)

                                                            .....RESPONDENTS
(RESPONDENT NO.1-STATE BY SHRI V. K. LAKHERA - GOVERNMENT
ADVOCATE)

      This appeal coming on for orders on maintainability this day, the court

passed the following:
                                   ORDER

At the outset, learned counsel for appellant seeks withdrawal of this appeal in view of the judgment passed by this court in the case Sunita Gandharva v. State of M.P. reported in 2020 (3) MPLJ (Cri.) 247 and later on affirmed by a Division Bench of this Court in the case of Pramod Kumar Yadav v. State of M.P. reported in 2021 JLJ (2) 429 and seeks liberty to file a properly constituted application under section 439 of Cr.P.C.

Prayer noted.

The appeal is dismissed as withdrawn with liberty as aforesaid. The certified copy of the order be returned to the counsel for appellant after obtaining the photo copy of the same.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.08 16:47:45 +05'30'