LAWS(UTN)-2023-1-8

KUNWAR NRIPENDRA SINGH RAUTELA Vs. STATE OF UTTARAKHAND

Decided On January 10, 2023
Kunwar Nripendra Singh Rautela Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India to seek the following reliefs:-

(2.) Pertinently against the judgment dtd. 14/11/2018 passed by the learned Judicial Magistrate, II, Haldwani in Criminal Complaint No. 119 of 2016, preferred by the petitioner, the petitioner had preferred a statutory appeal under Sec. 378 Cr.P.C. before the Court of District and Sessions Judge, Nainital being Criminal Appeal No. 119 of 2018. The said Appeal was taken-up for consideration by the learned District and Sessions Judge on 4/1/2019, on which date, the petitioner, unconditionally, withdrew the said Appeal.

(3.) Since the petitioner has withdrawn the Appeal against the judgment dtd. 14/11/2018, it is not open to the petitioner to prefer the present petition to assail the same judgment. Consequently, reliefs 'a' and 'b' sought in this petition are misconceived. So far as the reliefs 'c' and 'd' are concerned, they are completely vague.