SPLA 71/2009 Hon’ble Dharam Veer, J. Mr. Raman Kumar Shah, Advocate for the applicant/appellant. Mr. M.A. Khan, Brief Holder for the State/respondent no. 1. Learned Counsel for the applicant/appellant has submitted that the appellant has wrongly filed this appeal against the judgment and order dated 23.7.2009 passed by the Sessions Judge, Pauri Garhwal in Special Trial No. 1/2004, State v. Mahesh Kumar & Ors. Learned Counsel for the appellant further submitted that it was a State case and hence, the appeal is not maintainable. He prayed that permission may be granted to him to withdraw the present appeal with liberty to avail appropriate alternative remedy available under the law. Permission is granted. Special leave to appeal is dismissed as withdrawn. Consequently, the appeal is also dismissed. Liberty is granted the appellant to avail the appropriate alternative remedy available under the law. Certified copies of the orders be returned to the learned Counsel for the appellant as per rules. (D.V., J.) 10.9.2009 Prabodh