SPLA No.30/09 Mr. M.A. Khan, Brief Holder for the State-applicant- appellant. Mr. Navnish Negi, Advocate for the respondent. Learned Brief Holder fairly submitted that as per Section 378(1)(a) Cr.P.C., the present appeal preferred against the judgment and order dated 22.8.2005 passed by Judicial Magistrate, First Class, Lansdowne, Pauri Garhwal in Crl. Case No.62 of 2002 acquitting the respondent for the offences punishable under sections 323/452/392/354/506 IPC is not maintainable before this Court rather the appeal is maintainable before the Sessions Court. He further submitted that the present appeal has wrongly been preferred before this Court against the aforesaid judgment and order. Hence, he prayed that the present leave to appeal may be dismissed as withdrawn with liberty to the State to avail the appropriate remedy before the appropriate forum. In view of the above-statement made by learned Brief Holder for the State, the present leave to appeal application stands dismissed as withdrawn with liberty to the State to avail appropriate remedy before the appropriate forum. Consequently, the appeal also stands dismissed as ithdrawn. w (D.V., J.) 09.09.2009 Rdang