SONIYA CHAWLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present special appeal has been instituted against the judgment dated 28.02.2018 rendered by learned Single Judge in Writ Petition (Criminal) No.140 of 2018 ( Priya Sharma and another v. State of Uttarakhand & others ).

(2.) We are of the considered view that the present appeal is not maintainable in view of the law laid down by the Division Bench of this Court in Special Appeal No.216 of 2009 titled as 'Upendra Singh Maniyari v. Jagmohan Singh and others' decided on February 19, 2010. Their Lordships have held as under:-

(3.) Mr. C.K. Sharma, learned Counsel, appearing for the appellant, has placed reliance on another judgment rendered by the Division Bench of this Court in Special Appeal No.204 of 2013 ( Rakesh Kumar v. State of Uttarakhand and others ) decided on July 4, 2013. In our opinion, this judgment is per incuriam for the simple reason that the ratio of Upendra Singh's case, cited hereinabove, has not been considered in depth. Learned Division Bench while deciding SPA No.204 of 2013 (Rakesh Kumar's case) could not take a different view from the earlier decision rendered by the Division Bench in Upendra Singh's case.