JUDGMENT :

1. Heard learned counsel for the appellant/Shri Sachin Pratap Singh as well as learned Addl. G.A. for the State and perused the material on record.

2. This Criminal Appeal has been preferred against the judgment and order dated 11.07.2003 passed by learned Additional Sessions Judge (F.T.C.) IIIrd, Pratapgarh in Sessions Trial No. 185 of 2002, arising out of Case Crime No. 127 of 2001, under Section 302, 148, 323/149 and under Section 506 I.P.C., Police Station Baghrai, District Pratapgarh.

3. Shri Sachin Pratap Singh, learned counsel for the appellant on the basis of the instructions received by him from his client/appellant namely Ram Ashrey, who has been released from Jail on the basis of remission of sentence granted by the State Government, submits that he do not want to press the appeal. Learned counsel for the appellant also endorsed on the Memo of Appeal that he do not want to press the appeal on merits and the same be dismissed as not pressed.

4. In this regard, provisions of Section 384,385 and 386 Cr.P.C. are relevant, which are being reproduced as under:

384. Summary dismissal of appeal.-(1) If upon examining the petition of appeal and copy of the judgment receive