2025:UHC:4226-DB 1 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 2 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 SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28 cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418 755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.26 13:12:36 +05'30'