Himachal Pradesh High Court
Surender Kumar Sain vs . State Of H.P With on 29 April, 2022
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
Surender Kumar Sain vs. State of H.P with connected matters.
Cr. Revision No. 5 of 2022 with Cr. Revision Nos. 6 and .
150 of 2022.
29.04.2022. Present: Mr. Satish Sharma, Advocate, for the petitioner, in Cr. Revision No. 5 of 2022.
Mr. Ajay Kochhar and Mr. Vivek Sharma, Advocates, for the petitioner, in Cr. Revision No. 6 of 2022.
Ms. Vandana Kuthiala and Mr. Diwan Singh Negi, Advocates, for the petitioner, in Cr. Revision No. 150 of 2022.
Mr. Rajinder Dogra, Senior Additional Advocate General with Mr. Vinod Thakur, Additional Advocate General, for the respondent-State.
The explanation offered by the learned District and Sessions Judge, Sirmaur District at Nahan is taken on record. In view of the explanation, no further action is required to be taken and the matter is given quietus.
However, it needs to be clarified that in the explanation offered by the learned District and Sessions Judge,Sirmaur District at Nahan, it has been stated in para-3 as under:-
"3. It is further submitted that no requisition for sending the record in the abovenoted case for 25.03.2022, is received in this office. However, the requisite record is being submitted separately."
To say the least, the contents of para-3 of the explanation are contrary to the records as the Registry of this Court vide letter No.HHC/JUDL./Cr. Revision No.5 of 2022-791 dated 12.1.2022 had asked the learned Special Judge, Sirmaur District at Nahan to transmit the following ::: Downloaded on - 29/04/2022 20:08:33 :::CIS -2- records to this Court well before the next date of hearing i.e. .
25.03.2022:-
"1. ST No. 9-CC/7 of 2017 titled as State of H.P. vs. Satinder Mohan & Ors. order dated 21.12.2021.
2. Other connected record, if any."
In such circumstances, the learned District & Sessions Judge, Sirmaur District at Nahan, is directed to be careful in future and should not be influenced by the explanation given by his office.
Records received.
List for consideration on 16.06.2022. Interim order(s) to continue.
(Tarlok Singh Chauhan) Judge 29th April, 2022.
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