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Judgment
This review petition has been filed by the State, whereby the order dated 10.9.2013 passed in D.B. Special Appeal No.225/2012 is sought to be reviewed.
Office has reported that the review petition is barred by 271 days.
When the review petition came up before the Court on 12.8.2021, learned counsel appearing for the State submitted that against the judgment under review, Special Leave Petition was preferred by the State and possibly the same has been withdrawn and sought time to complete instructions in the matter.
When the matter again came up before the Court on 25.1.2023, submissions have been made that file has been misplaced and time was sought for making submissions based on what was indicated on 21.8.2021.
Today also, learned counsel for the State sought time to do the needful.
However, we have perused the order dated 7.2.2014 passed by Hon’ble Supreme Court in SLP (Civil) No.2400/2014, which arose out of the order dated 10.9.2013, which order is now sought to be reviewed, wherein, the following order was passed by the Hon’ble Supreme Court:-
“After arguing the matter for sometime, learned counsel for the petitioners sought permission to withdraw the Special Leave Petition. Liberty is granted without any liberty to challenge the same very impugned order before this Court. The Special Leave Petition is dismissed as withdrawn.”
As the Special Leave Petition was withdrawn by the State without any liberty to question the impugned order, the present review petition cannot be maintained by the State. The same is, therefore, dismissed.