CGHC010230882023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1714 of 2023 Ajay Tiwari S/o Late Sudhakar Tiwari Aged About 36 Years R/o Maa Kanak Medical Stores Link Road, Kemp-2 Bhilai, Tahsil And District Durg (C.G.),...(Complainant) ... Petitioner(s) versus Aruna Devi W/o Late Krishnapal Singh Aged About 60 Years R/o 10 Behind Kanha Park, Sanatan Nagar, Akhtar Mnajil, Ward No.- 08, Bhilai, Tahsil And District Durg (C.G.), R/o 2- Shiva Electricals, 18 No. Road, Kemp - 1, Bhilai, Tahsil And District Durg (C.G.)(Accused Person) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Rohan Kumhare, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 30.09.2026 1. At the outset, learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition for grant of leave to appeal, as well as Acquittal Appeal in view of the recent decision of Supreme Court in case of M/s Celestium Financial Vs. A. Gnanasekaran Etc. 2025 INSC 804, with liberty to file an Appeal under proviso to Section 372 of CrPC (413 of BNSS) before the appropriate court. 2. Though the present application for grant of leave to appeal has been filed on 17.07.2023, however, there was defect in proper filing of the petition and despite the time granted on 03.08.2023, the default has not been removed and Digitally signed by V PADMAVATHI Date: 2026.10.01 15:50:21 +0530 Crmp 1714 of 2023 2 thereafter, the case was dismissed for want of prosecution on 05.09.2024 and it could be restored only on 03.09.2026. Thereafter, it was again listed on 15.09.2026 and adjourned. Today, when the matter was listed for hearing, learned counsel appearing for the petitioner seeks permission of this Court for withdrawal. 3. In view of submissions made by learned counsel for the applicant, the present CRMP is dismissed as withdrawn with the aforesaid liberty. 4. Learned appellate Court shall decide the limitation in filing the Acquittal Appeal, if any, in accordance with law on its own merit. 5. Registry shall return the certified copy of the impugned order/judgment and relevant documents to the counsel for the petitioner after retaining photocopy of the same. 6. Record be sent back forthwith to the concerned court. Sd/- (Ravindra Kumar Agrawal) JUDGE padma