Uttarakhand High Court

Unknown vs Manoj Kumar And Others on 21 May, 2025

                                                         2025:UHC:4226-DB


IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                 AND

       THE HON'BLE JUSTICE MR. ALOK MAHRA

                 Special Appeal No. 373 of 2024
                            21st May, 2025


  Committee of Management                           --     Appellant

                                 Versus

  Manoj Kumar and Others                            --Respondents
  ----------------------------------------------------------------------
  Presence:-
  Mr. Parikshit Saini, learned counsel for the appellant.
  Mr. Vipul Sharma, learned counsel for respondent no.1.
  Mr. S. S. Chaudhary, learned Standing Counsel for the State.
  ---------------------------------------------------------------------

  JUDGMENT :

(per Mr. G. Narendar C. J.)

We have perused the order dated 14.08.2024

rendered in SPA No.61 of 2024. The order does not

reserve any liberty to the appellant to re-visit the matter

on the same cause of action, in other words, permitting

him to issue a fresh charge sheet, after withdrawing the

earlier charge sheet. In the absence of any such liberty,

it is highly doubtful, whether the charge sheet re-issued

is maintainable.

2. Be that as it may, the matter is seized of by

2025:UHC:4226-DB

the learned Single Judge, and it would be appropriate for

this Bench to reserve its opinion on the merits of the

matter.

4. In that view, the writ-appeal, in our considered

opinion, is misconceived and is accordingly rejected.

(G. NARENDAR, C. J.)

(ALOK MAHRA, J.) Dated: 21.05.2025 BS

BALWANT Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28

SINGH cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418 755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.26 13:12:36 +05'30'