Leave granted.
Notice in this matter had been issued on a limited point as to whether the petition filed by the appellant before the High Court for similar relief under Section 438 Cr.P.C. had been withdrawn without her instructions.
Despite service of notice, no one appears to oppose the appeal. However, since a statement has been recorded by the High Court to the effect that the learned counsel for the appellant had prayed for dismissal of the application for anticipatory bail, as withdrawn, the appeal is disposed of with liberty to the appellant to file an appropriate application before the High Court questioning the instructions -2-
alleged to have been given by her to her learned counsel. In case, the High Court is satisfied that no such instruction had been given, the appellant's application under Section 438 Cr.P.C. may be revived and be disposed of afresh.
The interim order granted in this matter will continue to be operative for a period of four weeks from date, to enable the appellant to make such an application before the High Court.
. J.
(ALTAMAS KABIR) NEW DELHI;
September 01, 2008.
. J.
(MARKANDEY KATJU)