SURESH KAIT, J.

1. At the outset, it is pertinent to mention here that the petitioner has filed the instant Appeal as noted above in the year 2005.

2. The amendment in Section 372 were inserted by Act 5 of the 2009 Section 29 w.e.f 31.12.2009 vide which the right of the aggrieved party accrued to file the Appeal against the acquittal order.

3. Order sheet reveals that vide order dated 14.05.2009, passed by Predecessor Court to the effect that instant matter be treated as L.P.A / Revision.

4. However vide order dated 28.09.2010, it is clarified by another Predecessor Court that leave to Appeal has not been granted.

5. In my view, instant matter has wrongly numbered in the category of Crl. Appeal, whereas the challenged against the acquittal order would have been filed by way of revision only as the instant petition pertains to year, 2005 and the amendments came into force in the year 2009.

6. Therefore, the Registry of this Court is directed to renumber the instant matter in the category of Revision Petition.

7. Coming to the instant case, petitioner has sought to set aside the impugned judgment dated 31.05.2005 passed by ld. Trial Court, whereby the ld. Trial Court has acq