STATE OF SIKKIM Vs. VINAY RAI

JUDGEMENT

(1.) On 05.12.2019 I.A. No.01 of 2018 and I.A. No.02 of 2018 were taken up together. Learned Advocate General had sought time to consider filing a reply to the application on the maintainability or to take a decision in the appeal in view of the application filed by the respondent challenging the maintainability of the appeal itself.

(2.) Mr. Vivek Kohli, learned Advocate General fairly concedes that appeal would not be maintainable and a revision would lie. In view of the same, he seeks to withdraw the present appeal with liberty to file afresh. Liberty as prayed for is granted.

(3.) The Criminal Leave Petition is disposed of as withdrawn.