Himachal Pradesh High Court
Anju Sharma vs . State Of Hp And Others on 21 November, 2024
Anju Sharma vs. State of HP and others Cr.MMO No.458 of 2023 21.11.2024 Present: Mr. Hakam Bhardwaj, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 to 3/State.
None for respondent No.4.
Henceforth, names of Mr. Virender Kanwar, Mr. Anil Kumar and Mr. Dhananjay Sharma, learned Advocates be reflected in the cause list as counsel for respondents No.4.
List on 16.12.2024. In the meanwhile, parties to ascertain the status of investigation, in the case at hand.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Brig. (Retd.) Jitendra Kumar Narang and others vs. Union of India Criminal Revision No.537 of 2024 21.11.2024 Present: Ms. Shradha Karol and Mr. Vaibhav Singh Chauhan, Advocates, for the petitioners.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Ajeet Saklani, Standing Counsel, for the respondent/ Enforcement Directorate.
At the pleasure of Hon'ble the Acting Chief Justice, list before another appropriate Bench.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Anil Sharma vs. Central Bureau of Investigation Civil Revision No.371 of 2023 21.11.2024 Present: Mr. Vijay Kumar Arora, Senior Advocate with Mr. Gaurav Kumar, Advocate, for the petitioner.
Mr. Janesh Mahajan, Advocate, for the respondent/CBI. Henceforth, name of Mr. Janesh Mahajan, learned Advocate be reflected in the cause list as counsel for the respondent.
At the pleasure of Hon'ble the Acting Chief Justice, list before another appropriate Bench.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Prahlad Kumar vs. Jagan Nath and others Civil Revision No.138 of 2023 21.11.2024 Present: Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Tarun K. Sharma, Advocate, for the respondents. Learned counsel for the petitioner seeks time to look into the issue of maintainability of the present petition filed under Section 115 of the Code of Civil Procedure.
List on 25.11.2024.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Naresh Kumar Goel vs. Chander Kishore Sharma and others Civil Revision No.173 of 2022 21.11.2024 Present: Mr. Pranshul Sharma, Advocate, vice Mr. N.K. Bhalla, Advocate, for the petitioner.
Mr. Vedhant Ranta, Advocate, vice Ms. Jyotika Gupta, Advocate, for respondent No.1.
Mr. Parikshit Sharma, Advocate, vice Mr. Vipin Pandit, Advocate, for respondents No.2 and 3.
Learned vice counsel appearing on behalf of the petitioner submits that the arguing counsel is unavailable today on account of ill health. He prays for an adjournment. Prayer not opposed.
As prayed, list after four weeks.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Rajeev Sharma vs. Ram Devi and others Civil Revision No.13 of 2021 21.11.2024 Present: Mr. B.S. Attri, Advocate, for the petitioner.
Mr. Sanjeev Kumar Motta, Advocate, for respondents No.1, 2(a) to 2(c), 4 & 5.
Respondent No.3 proceeded ex parte vide order dated 12.08.2021.
Ms. Tanu Sharma, Advocate, as Court Guardian, for respondents No.6 & 7.
At the request of learned counsel appearing on behalf of respondents No.1, 2(a) to 2(c), 4 & 5, matter is adjourned in order to complete his brief.
As prayed, list after four weeks.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Nikesh Kumar vs. State of HP and others Cr.MMO No.1049 of 2024 21.11.2024 Present: Mr. Prashant Chauhan, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Surila Sangam, Advocate, for respondents No.2 & 3. Inspector Vikas Sharma, SHO Police Station, Kumarsain, District Shimla, is present along with record.
Status report stands filed. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration after four weeks. In the meanwhile, respondents No.2 and 3 may file response to the status report.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Nikesh Kumar vs. State of HP and others Cr.MMO No.1042 of 2024 21.11.2024 Present: Mr. Prashant Chauhan, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Surila Sangam, Advocate, for respondents No.2 & 3. Inspector Vikas Sharma, SHO Police Station, Kumarsain, District Shimla, is present along with record.
Status report stands filed. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration after four weeks. In the meanwhile, respondents No.2 and 3 may file response to the status report.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Nikesh Kumar vs. State of HP and others Cr.MMO No.1043 of 2024 21.11.2024 Present: Mr. Prashant Chauhan, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Surila Sangam, Advocate, for respondents No.2 & 3. Inspector Vikas Sharma, SHO Police Station, Kumarsain, District Shimla, is present along with record.
Status report stands filed. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration after four weeks. In the meanwhile, respondents No.2 and 3 may file response to the status report.
( Bipin C. Negi )
November 21, 2024 (KS) Judge
Harpreet vs. Anil Kumar a/w connected matter CMPMO No.186 of 2024 a/w CMPMO No.576 of 2023 CMPMO No.186 of 2024 20.11.2024 Present: Ms. Kiran Verma, Advocate, vice Mr. Vijay Singh Thakur, Advocate, for the petitioner.
Mr. Neel Kamal Sharma, Advocate, for the respondent. CMPMO No.576 of 2023 Mr. Neel Kamal Sharma, Advocate, for the petitioner. Ms. Kiran Verma, Advocate, vice Mr. Vijay Singh Thakur, Advocate, for the respondent.
At the joint request of learned counsel for the parties, list after four weeks.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
Nidhi Sharma vs. Puneet Sharma and others CMPMO No.223 of 2024 20.11.2024 Present: Mr. T.S. Chauhan, Senior Advocate with Mr. Shourya Sharma, Advocate, for the petitioner.
Mr. R.K. Sharma, Senior Advocate with Ms. Anita and Ms. Muskan, Advocates, for the respondents. List on 27.12.2024. In the meanwhile, records of the Court below be called for.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
NTPC Limited vs. Jagdish and others
Civil Revision No.130 of 2024
20.11.2024 Present: Mr. Vedhant Ranta, Advocate, vice Mr. Ajeet Jaswal, Advocate, for the petitioner.
Mr. Surender Verma, Advocate, for respondents No.1 to 9. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.10/State.
At the joint request of learned counsel for the parties, list on 02.01.2025.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
NTPC Limited vs. Jagdish and others
Civil Revision No.130 of 2024
20.11.2024 Present: Mr. Vedhant Ranta, Advocate, vice Mr. Ajeet Jaswal, Advocate, for the applicant/petitioner.
Mr. Surender Verma, Advocate, for respondents No.1 to 9. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.10/State.
At the joint request of learned counsel for the parties, list on 02.01.2025.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
Sandeep Kumar Jindal and others vs. State of HP and others Cr.MMO No.1145 of 2023 20.11.2024 Present: Ms. Shradha Karol, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 & 2/State.
Respondent No.3/complainant present in person. At the request of learned counsel for the petitioners, list on 26.12.2024.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
Mohammad Makhan and others vs. State of HP and another Cr.MMO No.699 of 2023 20.11.2024 Present: None for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Ms. Shikha Chauhan, Advocate, Legal Aid Counsel, for respondent No.2.
Despite repeated calls, there is no appearance on behalf of the petitioners. In the interest of justice, list the matter on 09.12.2024. It is made clear that if no one shall appear on the next date of hearing, then interim protection granted vide order dated 08.05.2024 shall automatically stand vacated.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
Tohnu Ram (deceased) through LRs Hari Singh and another vs. Ultra Tech Cement and others a/w connected matter.
Civil Revision No. 174 of 2022 a/w Civil Revision Nos. 213, 214 of 2022, 1 to 5, 49 to 51, 158 of 2023, CMPMO Nos. 148 to 154 of 2024, CMPMO Nos. 172 to 175 of 2024 and CMPMO No.406 of 2024.
20.11.2024 Present: Mr. Virender Thakur, Advocate for the petitioner(s) in Civil Revision Nos. 174, 213, 214 of 2022, 1 to 5, 49 to 51, 158 of 2023 and for the respondent(s) in CMPMO Nos. 148 to 154 of 2024, CMPMO Nos. 172 to 175 of 2024 and CMPMO No.406 of 2024.
Mr. Sunil Mohan Goel, Sr. Advocate with Mr. Anil God, Advocate for respondent No.1-Ultra Tech Cement. Mr. Sumit Sharma, Advocate for respondent No.2 in Civil Revision Nos. 174, 213, 214 of 2022, 1 to 5, 49 to 51 and 158 of 2023 and for the petitioner(s) in CMPMO Nos. 148 to 154 of 2024, CMPMO Nos.172 to 175 of 2024 and CMPMO No.406 of 2024.
Mr. Manish Thakur, Deputy Advocate General, for the respondent-State.
At the request of learned Deputy Advocate General, list on 10.12.2024.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
D.R. Verma (since deceased) through L.R. vs. Som Nath Gharu Rent Petition No.82 of 2021 20.11.2024 Present: Mr. Ajay Sharma, Advocate, for the petitioner.
Mr. Sandeep Pandey, Advocate, vice Mr. Manoj Kumar Chauhan, Advocate, for the respondent.
Learned counsel appearing on behalf of the petitioner seeks time to file fresh power of attorney, as the original counsel has now been designated as Senior Advocate. Prayer not opposed.
Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
Ashok Sharma vs. Kanta Bhagat
Civil Revision No.1 of 2020
20.11.2024 Present: Mr. Vishwas Kaushal, Advocate, for the petitioner.
Mr. Vaibhav Tanwar, Advocate, for the respondent. Learned counsel appearing on behalf of the petitioner seeks time to file fresh power of attorney, as the original counsel has now been designated as Senior Advocate. Prayer not opposed.
Let the needful be done on or before the next date of hearing. List for consideration on 06.12.2024.
( Bipin C. Negi )
November 20, 2024 (KS) Judge
Vijay Nekta vs. Sarman Dass
Cr. Revision No.259 of 2024
19.11.2024 Present: Ms. Pooja Thakur, Advocate, vice Mr. Ravinder Singh Chandel, Advocate, for the petitioner.
Mr. D.S. Nainta, Advocate, for the respondent. At the request of learned vice counsel appearing on behalf of the petitioner, list after four weeks.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
M/s Unital Formulations and another vs. Union of India Cr. MMO No.321 of 2023 19.11.2024 Present: Mr. Nitin Bhasin and Mr. Tarun Sharma, Advocates, for the petitioners.
Mr. Shashi Shirshoo, Central Government Counsel, for the respondent-Union of India.
List after four weeks.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
M/s B.S. Trading Company Ltd. and another vs. Rahul Bhardwaj Cr. Revision No.339 of 2021 19.11.2024 Present: Mr. Vipin Pandit, Advocate, for the petitioners.
Mr. Shivom Vashista, Advocate, vice Mr. Adarsh K. Vashista, Advocate, for the respondent.
At the request of learned counsel for the petitioners, in order to enable the petitioners to deposit the balance compensation amount, list after four weeks.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Laxman and others vs. State of HP and another Cr.MMO No.1006 of 2024 19.11.2024 Present: Mr. Yug Singhal and Mr. Hitender Verma, Advocates, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Umesh, Advocate, for respondent No.2. Cr.MMO No.1006/2024 ASI Mohinder Singh, Women Police Station, Baddi, District Solan, H.P., is present along with record.
Status report stands filed. Copy, whereof, has been supplied to learned counsel for the petitioners.
Mr. Umesh, learned Advocate has put in appearance on behalf of respondent No.2 and has filed memo of appearance. He seeks time to file power of attorney.
List on 21.12.2024. In the meanwhile, reply and power of attorney on behalf of resondent No.2 be also filed. Cr.MP No.4245/2024
Learned counsel for the petitioners states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Ravi Kumar and others vs. State of HP and another Cr.MMO No.1000 of 2024 19.11.2024 Present: Mr. Karan Veer Singh, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
On taking fresh steps within three days, issue notice to respondent No.2, returnable within four weeks.
In the meanwhile, translated copies of the document(s), in issue, be also filed.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Dr. Lakhwinder Singh vs. Directorate of Enforcement and another Cr.MMO No.922 of 2024 19.11.2024 Present: Ms. Shradha Karol, Advocate, for the petitioner.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Ajeet Saklani, Advocate, for respondent No.1. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
List on 09.12.2024.
Interim order dated 17.10.2024 to continue.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Vijay Kumar Verma vs. State of Himachal Pradesh Cr.MP(M) No.2573 of 2024 19.11.2024 Present: Mr. Vaibhav Singh Chauhan, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted two week's time to file status report.
List on 05.12.2024, on which date, respondent/ State shall also file Status report.
The petitioner-accused apprehends his arrest in a case registered against him vide FIR No.260 of 2024 dated 17.10.2024, under Sections 331(3), 305 and 317(2) of the Bhartiya Nyaya Sanhita, 2023 at Police Station, Baddi, Police District Baddi, Himachal Pradesh.
In view of the averments in the application and also the submissions made by learned counsel, it is directed that in the event of arrest of the petitioner-accused in this case, he shall be released on bail subject to his furnishing personal bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the arresting Police Officer/Investigating Officer, subject to following conditions:-
(i) Petitioner, at the first instance, shall appear before the Investigating Officer, Police Station, Baddi, Police District Baddi, on 20.11.2024, at 11.30 a.m;
(ii) Petitioner shall join the investigation of case as and when called for by the Investigating Officer in accordance with law;
(iii). Petitioner shall not hamper the investigation in any manner whatsoever;
(iv). Petitioner shall not contact the complainants, threaten or browbeat them or to use any pressure tactics in any manner whatsoever;
(v). Petitioner shall not leave India without prior permission of the Court;
(vii). Petitioner shall not make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
( Bipin C. Negi ) November 19, 2024 (KS) Judge Mehar Chand vs. State of Himachal Pradesh Cr.MP(M) No.2576 of 2024 19.11.2024 Present: Mr. Y.P. Sood, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by his counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 21.12.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.48 of 2024, dated 17.10.2024, registered at Police Station, Sunni, Tehsil Sunni, District Shimla, H.P. for the commission of offences punishable under Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that he is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, he has further submitted that he would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 38 years and is permanent resident of Village and Post Office, Basantpur, Tehsil Sunni, District Shimla, Himachal Pradesh, as such, his presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending him in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to the following conditions:
(i). The petitioner is directed to join the investigation on
20.11.2024 at 11:30 am at Police Station, Sunni, District Shimla, H.P. He will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Mehar Dass vs. State of HP and others
Cr.MP(M) No.2039 of 2024
19.11.2024 Present: Mr. Sparsh Bhushan, Advocate, for the applicant/appellant.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Mr. Harsh Sharol, Advocate, for respondents No.2 and 3. Cr.MP(M) No.2039/2024 From the reasons stated in the application, it is evident that the delay (02 days) in filing the present appeal was on account of the bona fide reasons mentioned in the application. The delay in filing the present appeal is neither willful nor deliberate. Hence, the application is allowed and delay in filing the appeal is condoned.
Application stands disposed of.
Cr. Appeal No._____/2024 Be registered.
List for consideration after four weeks.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Lucky Filling Station vs. Anil Kumar Goel Cr.MP(M) No.1364 of 2024 19.11.2024 Present: Mr. H.S. Rangra, Advocate, for the applicant/appellant.
Mr. Surya Chauhan, Advocate, for the respondent. Cr.MP(M) No.1364/2024 Heard. From perusal of the grounds of appeal, it is evident that the appellant has an arguable case.
In view of the aforesaid, leave to appeal is granted. The application stands disposed of.
Cr. Appeal No._____/2024 Be registered.
List for consideration after four weeks.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Mast Ram vs. Daulat Ram and another
Cr. Revision No.661 of 2024
19.11.2024 Present: Mr. Lovneesh Singh Thakur, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.2/State.
Fresh steps for the service of respondent No.1 be taken during the course of the day. On taking such steps, issue notice to respondent No.1, returnable within four weeks.
Learned counsel for the petitioner submits that an appropriate application has been filed for extension of time to comply with order dated 15.10.2024. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing after removal of objection(s), if any.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Rashpal Singh vs. State of HP
Cr. Appeal No.184 of 2024
19.11.2024 Present: Mr. Shivanshu Attri, Advocate, vice Mr. Vijender Katoch,
Advocate, for the appellant.
Mr. R.S. Verma, Additional Advocate General, for the
respondent/State.
At the request of learned vice counsel appearing on behalf of the appellant, list after one week.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Roshan Lal vs. Bhim Dev
Cr. Revision No.64 of 2024
19.11.2024 Present: Mr. Lal Singh Mehta, Advocate, for the petitioner.
Mr. Vishal Singh Verma, Advocate, for the respondent/applicant in Cr.MP No.4451/2024.
Cr.MP No.4451/2024 Learned counsel appearing on behalf of the non-applicant does not intend to file any reply. Learned counsel further submits that he has no objection if in case, the amount deposited in the Registry of this Court along with interest accrued thereupon, is ordered to be released in favour of the applicant.
Other than the aforesaid, since the non-applicant, in the case at hand, is ready and willing to deposit the balance compensation amount in order to compound the matter and he also intends to move an appropriate application under Section 147 of the Negotiable Instruments Act for doing the same, therefore, the present application is allowed.
The Registry is directed to release the amount lying deposited in the Registry of this Court along-with interest accrued thereupon, in favour of the applicant The amount be remitted to his bank account, details whereof, has been given in Paragraph-6 of the application, subject to proper verification of his identity.
Application stands disposed of.
Cr. Revision No.64/2024List after two weeks in order to enable learned counsel for the petitioner to move an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence and for depositing the balance compensation amount.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Mukesh Bansal and another vs. Roshan Lal and another CMPMO No.397 of 2022 19.11.2024 Present: None for the petitioners.
Mr. Bimal Gupta, Senior Advocate with Mr. Aman Thakur, Advocate, for the respondents.
The petitioners appear in person through their Special Attorney, Ms. Kiran Aggarwal. In the interest of justice, let Court notice be issued to the Special Attorney of the petitioners informing her of the next date of hearing.
List on 21.12.2024.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Vipin Khanna vs. State of HP and others Cr. Revision No.339 of 2018 19.11.2024 Present: Ms. Sugandh Verma, Advocate, vice Mr. Dhananjay Sharma, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Mr. Nimish Gupta, Advocate, for respondents No.2 to 10. Further time prayed for complying with order dated 03.09.2024.
Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Kaushalya Devi vs. Shanti and others Civil Revision No.53 of 2020 19.11.2024 Present: Ms. Dhanwanti, Advocate, vice Mr. Sanjay Bhardwaj, Advocate, for the petitioner.
Mr. Vipin Pandit, Advocate, for respondents No.1 to 3. Mr. Basant Pal Thakur, Advocate, for respondents No.4 and 5. Further time prayed by learned vice counsel appearing on behalf of the petitioner for filing rejoinder to the reply filed by respondents No.1 to 3.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Arun Kumar and others vs. Satpal (deceased) through LRs.
Civil Revision No.106 of 2011 19.11.2024 Present: Mr. Basant Pal Thakur, Advocate, for the petitioners No.1 to 4(d), 5(a) to 5(e).
Petitioner No.4(e) Satya Devi is stated to be dead. None for respondents No.1(a) to 1(f).
Though time was sought on 12.09.2024 for filing power of attorney on behalf of respondents No.1(a) to 1(f), but till date no power of attorney has been filed and none has put in appearance on their behalf. Hence, they are proceeded against ex parte.
List for hearing in due course.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Kailash Thakur vs. State of Himachal Pradesh Cr. MP(M) No.2567 of 2024 19.11.2024 Present: Ms. Madhurika Sekhon Verma, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by his counsel.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 23.12.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.67 of 2024, dated 09.11.2024, registered at Police Station, Renukaji, District Sirmour, H.P. for the commission of offences punishable under Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that he is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, he has further submitted that he would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 25 years and is permanent resident of Village Khood, Post Office, Jarog, Tehsil Renukaji, District Sirmour, Himachal Pradesh, as such, his presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending him in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to the following conditions:
(i). The petitioner is directed to join the investigation on
20.11.2024 at 11:30 am at Police Station, Renukaji, District Sirmour, H.P. He will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Dinesh Kumar vs. State of Himachal Pradesh Cr. MP(M) No.2570 of 2024 19.11.2024 Present: Mr. Ashok Kumar Tyagi, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 24.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Sohan Lal vs. Rakesh Kumar
Cr. Revision No.151 of 2024
19.11.2024 Present: None for the petitioner.
Mr. M.L. Sharma, Advocate, for the respondent. Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list after four weeks.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Nitesh Sharma vs. Chander Kanta Chandel and others Cr.MMO No.1132 of 2024 19.11.2024 Present: Mr. Jeet Singh, Advocate, for the petitioner. Cr.MMO No.1132/2024
On taking steps within three days, issue notice to respondent No.1, returnable for 21.12.2024. At this stage, notice is being issued to respondent No.1 only.
List on 21.12.2024.
Cr.MP No.4735/2024 Heard learned counsel for the applicant and perused the complaint. Conspicuous by absence in the complaint is an averment that at the time the offence was committed the petitioner/accused was in charge of and responsible for the conduct of business of the Company. In this respect, reference can be made to the decision of the Apex Court in S.M.S. Pharmaceuticals Ltd. vs. Neeta Bhalla and Another, 2005(8) SCC 89.
In view thereof, proceedings ensuing from complaint No.237/2023, filed on 01.08.2023, under Section 138 of the Negotiable Instruments Act, 1881, pending before learned Additional Chief Judicial Magistrate, Theog, District Shimla, insofar as it pertains to the present petitioner, shall remain stayed. Application stands disposed of.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Ishwar Kumar vs. Vikas Sudan and another Civil Revision No.156 of 2024 19.11.2024 Present: Mr. B.L. Soni and Mr. Nitin Soni, Advocates, for the petitioner.
Civil Revision No.156/2024 & CMP No.21605/2024 In the case at hand, present petitioner/applicant has been evicted on the ground of re-building. The submission of the learned counsel appearing on behalf of the petitioner is that the petitioner is entitled to be re-inducted as tenant in the newly constructed building in the same place and location. In this respect, learned counsel for the petitioner has drawn attention of this Court to the decision of the Apex Court passed in Special Leave to Appeal (Civil) No.36864/2013, titled Roshan Lal Bhardwaj vs. Ashok Sud and another. Relevant extract reads as follows:-
"The grievance of the petitioner is with regard to the last portion of the order wherein the High Court observed that the tenant should be re-inducted in the same place, location and area which is equivalent to the area which was in occupation of the tenant before the orders passed by the learned Rent Controller.
It is submitted by the learned counsel for the petitioner that such observation amount to give a particular place and location in the newly constructed building which may not be feasible in view of the new plan and construction.
We are not agreeable to the said submission made by the learned counsel for the petitioner. According to us the High Court has asked the petitioner to re-induct the tenant in the same place and location which means in the same building on the same place, equivalent to the area which was occupied by the tenant earlier.
It is needless to say that rest of the provision of law as innumerated in proviso to Section 14 (C) of the Himachal Pradesh Rent Control Act is required to be followed."
Since the argument of the petitioner is limited to what has been held authoritatively by the Apex Court, therefore, till the next date of hearing, operation and execution of eviction order dated 16.12.2022, passed by Rent Controller, Chamba, in Rent Petition No.14 of 2013, titled Vikas Sudan vs. Ishwar Kumar, as affirmed by learned Appellate Authority, Chamba vide order dated 04.10.2024, in Rent Appeal No.1 of 2023, shall remain stayed.
On taking steps within three days, issue notice to respondent No.1, returnable for 21.12.2024. At this stage, no notice is being issued to respondent No.2 who has been impleaded for the first time by the petitioner/applicant before this Court.
List on 21.12.2024.
( Bipin C. Negi )
November 19, 2024 (KS) Judge
Inderjeet Singh vs. Dharam Singh
Cr. Revision No.251 of 2024
18.11.2024 Present: Ms. Akanksha, Advocate, vice Mr. S.D. Gill, Advocate, for the petitioner.
Orders dated 30.04.2024 and 06.09.2024, have not been complied with till date. Hence, interim protection granted therein is vacated.
List after four weeks.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
Mohit Kumar Gupta vs. Dharam Singh
Cr. Revision No.48 of 2024
18.11.2024 Present: Mr. N.D. Sharma, Advocate, vice Mr. H.C. Sharma, Advocate, for the petitioner.
Mr. Manish Bhanotia, Advocate, vice Mr. Sanjeev Kumar Motta, Advocate, for the respondent.
Adjournment is prayed for by learned counsel appearing on behalf of the petitioner on account of non-availability of the original counsel.
As prayed, list after three weeks.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
M/s Som Nath Swaran Lal vs. Dr. Shashi Pal Sood Civil Revision No.7 of 2024 18.11.2024 Present: Mr. Shakti Bhardwaj, Advocate, for the petitioner.
Mr. B. Nandan Vashisht, Advocate, for the respondent. Adjournment is prayed for by learned counsel appearing on behalf of the petitioner on account of non-availability of the arguing counsel.
As prayed, list in the second week of December, 2024.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
M/s Salus Pharmaceuticals and others vs. Union of India Cr.MMO No.929 of 2023 18.11.2024 Present: Mr. Hakam Bhardwaj, Advocate, vice Mr. Anuj Nag, Advocate, for the petitioner.
Mr. Shashi Shirshoo, Central Government Counsel, for the respondent-Union of India.
Learned vice counsel appearing on behalf of the petitioner submits that no rejoinder is required to be filed.
List along with Cr.MMO No.930 of 2023.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
Ranjit Singh vs. State of HP
Cr. Appeal No.503 of 2023
18.11.2024 Present: Mr. Lakshay Parihar, Advocate, vice Mr. Gurmeet Bhardwaj, Advocate, for the appellant.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Cr. MP No.4685/2024 Previously, applications for suspension of sentence had been dismissed vide orders dated 12.01.2024 and 29.07.2024. In the order dated 29.07.2024, it had categorically been mentioned that appeals of undertrials filed in the year, 2022 are being taken up for hearing. In the said order, it was also made clear that if the appeal, in the case at hand, does not come up for hearing, the appellant was granted liberty to mention the matter for lising of the same.
The present appeal was filed in the year, 2023. Accordingly, in view of the detailed orders passed on suspension of sentence applications, i.e., on dated 12.01.2024 and 29.07.2024, the present application is dismissed.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
Gautam Kumar vs. State of HP
Cr.MP(M) No.2547 of 2024
18.11.2024 Present: Mr. Harsh Sharol, Advocate, vice Mr. Manoj Pathak, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 24.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
Sanjeev Kumar vs. State of HP
Cr.MP(M) No.2543 of 2024
18.11.2024 Present: Mr. Somesh Sharma, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Inspector Pratap Chand, I/O Police Station, SV&ACB, Dharamshala, District Kangra, Himachal Pradesh, is present along with record.
Status report stands filed. Copy, whereof, has been supplied to learned counsel for the petitioner. Learned counsel for the petitioner submits that the arguing counsel is unavailable today, hence, he prays for an adjournment. Learned counsel for the petitioner also intends to go through the status report so filed.
As prayed, list on 22.11.2024.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
Anil Kumar Dogra vs. State of HP and another Cr.MMO No.1124 of 2024 18.11.2024 Present: Mr. Arvind Sharma, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State.
Mr. Parveen Sharma, Advocate, for respondent No.2. Cr.MMO No.1124/2024 Notice. Mr. Raj Kumar Negi, learned Additional Advocate General and Mr. Praveen Sharma, learned counsel, appear and waive service of notice on behalf of respondent No.1 and respondents No.2, respectively and seek time to file reply/status report.
List after four weeks. In the meanwhile, reply/status report be filed by the respondents.
Cr.MP No.4702/2024
Learned counsel for the petitioner states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.4703/2024 Allowed and the applicant is exempted from filing true typed English translation of the document(s), in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
November 18, 2024 (KS) Judge
Chuni Lal vs. Parkash Chand
CMPMO No.568 of 2024
14.11.2024 Present: Mr. Neel Kamal Sharma, Advocate, for the petitioner.
Mr. Vivek Singh Thakur, Advocate, for the respondent. CMPMO No.568/2024 Mr. Vivek Singh Thakur, learned Advocate has put in appearance on behalf of the respondent. He seeks time to file power of attorney.
Let the needful be done on or before the next date of hearing. List after four weeks.
CMP No.18059/2024
Reply, as prayed, be filed within four weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Shahina Tabassum vs. Mehboob Aalam and another CMPMO No.529 of 2024 14.11.2024 Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
Mr. B.L. Soni, Advocate, for respondents No.1 and 2. List for consideration after three weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Richa Sipahiya vs. Rahul Katoch
CMPMO No.522 of 2024
14.11.2024 Present: Mr. Anuj Gupta, Advocate, for the petitioner.
Mr. Dixit Sahotra, Advocate, vice Mr. Neeraj K. Shashwat, Advocate, for the respondent.
At the request of learned counsel appearing on behalf of the respondent, further time prayed for inspection of the record.
Let the needful be done well before the next date of hearing.
List on 27.11.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
M/s Crystal Pharmaceuticals and another vs. State of Himachal Pradesh Cr.MMO No.472 of 2024 14.11.2024 Present: Mr. Anuj Nag, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
List on 03.12.2024.
Interim order dated 30.05.2024 is extended till the next date of hearing.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Kaili and another vs. ACC Private Barmana CMPMO No.450 of 2024 14.11.2024 Present: Mr. Digvijay Singh Bisht, Advocate, vice Mr. B.C. Verma, Advocate, for the petitioner.
Mr. Kulwant Chauhan, Advocate, for the respondent. Mr. Kulwant Chauhan, learned Advocate has put in appearance on behalf of the respondent. He seeks time to file power of attorney.
Let the needful be done on or before the next date of hearing. List after four weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Sushma vs. Sanjay Wadwa and others
CMPMO No.413 of 2024
14.11.2024 Present: Mr. Jeevan Kumar, Advocate, for the petitioner.
Mr. Arun Kaushal, Advocate, for the respondents. CMP No.21195/2024 For the reasons stated in the application, the same is allowed. Order dated 02.09.2024, whereby the respondents had been proceeded against ex-parte, is recalled. The respondents are permitted to join the proceedings.
Application stands disposed of.
CMPMO No.413/2024 List for consideration after four weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Mukesh Kumar vs. State of HP and others Cr. MMO No.373 of 2024 14.11.2024 Present: Mr. Goldy Kumar, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Kulwant Chauhan, Advocate, vice Mr. Lovneesh Kumar Thakur, Advocate, for respondents No.2 and 3. At the request of learned vice counsel appearing on behalf of respondents No.2 and 3, list on 20.12.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Kumbhi Ram vs. Sohan Singh
Cr. Revision No.369 of 2024
14.11.2024 Present: Ms. Mamta Bhatwan, Advocate, vice Mr. Ravinder Singh Jaswal, Advocate, for the petitioner.
Mr. Navlesh Verma, Advocate, for the respondent. Record stands received. Learned counsel for the parties intend to go through the record.
List for consideration after four weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Om Parkash vs. Sandesh Kumar and another CMPMO No.311 of 2024 14.11.2024 Present: Mr. Digvijay Singh Bisht, Advocate, vice Mr. B.C. Verma, Advocate, for the petitioner.
Mr. Kamal Sharma, Advocate, vice Mr. Tek Chand, Advocate, for the respondents.
Adjournment is prayed for by learned vice counsel appearing on behalf of the petitioner on account of non- availability of learned Senior Counsel, who has to argue the matter. Prayer not opposed.
List after four weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Umesh Bansal vs. State of HP
Cr. Appeal No.277 of 2024
14.11.2024 Present: Mr. Karan Kapoor, Advocate, for the appellant.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Record stands received.
Admit.
List for hearing in due course.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Rangila Ram vs. State of HP
Cr. MP No.1454 of 2024 in
Cr.MP(M) No.141 of 2024
14.11.2024 Present: Mr. Devender K. Sharma, Advocate, for the
non-applicant/petitioner.
Mr. R.S. Verma, Additional Advocate General, for the
respondent/State.
Ms. Chetna Thakur, Advocate, for the applicant/complainant. ASI Chaman Lal, Police Station, Sarkaghat, District Mandi, H.P., is present along with record.
Fresh status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the applicant/complainant and non-applicant/petitioner.
Learned counsel for the parties intend to go through the same. List on 12.12.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Sameer vs. State of HP
Cr. MP(M) No.1449 of 2024
14.11.2024 Present: Mr. Vivek Thakur, Advocate, vice Mr. Vinod Chauhan, Advocate, for the applicant/petitioner. Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Learned vice counsel appearing on behalf of the petitioner submits that the arguing counsel is unavailable today and hence prays for an adjournment. Prayer not opposed.
As prayed, list for consideration on 30.11.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
State of Himachal Pradesh vs. Manoj Kumar Cr. MP(M) No.984 of 2024 14.11.2024 Present: Mr. R.S. Verma, Additional Advocate General, for the applicant-
appellant/State.
None for the respondent.
Cr. MP(M) No.984/2024 Though served, but neither there is any appearance on behalf of the respondent nor reply filed.
From the reasons stated in the application, it is evident that the delay in filing the present appeal was on account of the bona fide reasons mentioned in the application. The delay in filing the present appeal is neither willful nor deliberate. Hence, the application is allowed and delay in filing the appeal is condoned.
Application stands disposed of.
Appeal be registered.
Cr. Appeal No._______/2024 Bailable warrants in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Arresting Police Officer be issued against the respondent, returnable for 18.12.2024, undertaking therein to appear in this Court as and when directed and to receive any sentence which may be imposed on the conclusion of the appeal.
Records be also called for.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Ashif Khan vs. Amreen Khan
CMPMO No.465 of 2024
14.11.2024 Present: Mr. Bimal Gupta, Senior Advocate with Ms. Simran, Advocate, for the petitioner.
Mr. Karan Singh Kanwar, Advocate, for the respondent. Learned counsel for the petitioner seeks time to have instructions qua the amount of maintenance which the petitioner is ready and willing to pay to the child born out of the wedlock of the petitioner and the respondent.
As prayed, list on 28.11.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
M/s Premjee Motor Finance Company vs. Hira Lal and another CMPMO No.451 of 2024 14.11.2024 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the petitioner.
None for the respondents.
Henceforth, name of Mr. Ashwani Kaundal, Advocate be reflected in the cause list as counsel for the respondents.
List after three weeks. In the meanwhile, power of attorney on behalf of the respondents be filed.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Rajeev Sharma vs. Pradeep Kumar a/w connected matters Cr. Revision No.339 of 2024 to Cr.
Revision Nos.343 of 202414.11.2024 Present: Mr. Ashok Sharma, Senior Advocate with Ms. Anubhuti Sharma, Advocate, for the petitioner(s), in all the petitions. Mr. Vinod Kumar Thakur, Advocate, for the respondent(s), in all the petitions.
List for consideration on 10.12.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Rakesh Kumar vs. Rajput Sthaniya Sabha and others CMP(M) No.217 of 2024 14.11.2024 Present: Mr. Vipin Pandit, Advocate, vice Mr. Naresh Sharma, Advocate, for the applicant/petitioner.
Further time prayed for complying with earlier order dated 13.08.2024.
Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Pushkar Kashmiri vs. Ashmin Kashmiri CMPMO No.170 of 2024 14.11.2024 Present: Mr. Aakash Thakur, Advocate, vice Mr. Arjun Lall, Advocate, for the petitioner.
Mr. Anand Sharma, Advocate, for the respondent. Further time prayed for placing on record the copy of judgment passed by the Trial Court in the proceedings inter se parties under Section 125 of the Code of Criminal Procedure.
Let the needful be done on or before the next date of hearing.
List on 03.12.2024.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
State of H.P. vs. Rattan Chand and another Cr. Appeal No.142 of 2024 14.11.2024 Present: Mr. R.S. Verma, Additional Advocate General, for the appellant/State.
Mr. Shanti Swaroop, Advocate, for respondent No.1. Mr. Tanush Sharma, Advocate, for respondent No.2. Cr.MP No.4555/2024 No ground for early hearing of the matter is made out, at this stage. Accordingly, application is dismissed. Cr. Appeal No.142/2024
List for hearing in due course.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Suman Sharma vs. Kesari Devi Sharma
Cr. MP(M) No.26 of 2024
14.11.2024 Present: Mr. K.B. Khajuria, Advocate, vice Mr. Anil Jaswal, Advocate, for the applicant/petitioner.
Let the notice be awaited. List after two weeks.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Kamla Devi vs. Raj Kumar and another
Cr. MP(M) No.1210 of 2023
14.11.2024 Present: Mr. Ashok Kumar Tyagi, Advocate, for the applicant/petitioner.
Mr. Divya Raj Singh, Advocate, for the respondents. Further time prayed for filing supplementary affidavit in terms of order dated 18.09.2024.
Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
November 14, 2024 (KS) Judge
Sunil Kumar Panta vs. Sant Lal
Cr. MP(M) No.1622 of 2024
13.11.2024 Present: Mr. I.S. Chandel, Advocate, for the applicant/petitioner.
None for the respondent.
From the reasons stated in the application, it is evident that the delay in filing the present petition was on account of the bona fide reasons mentioned in the application. The delay in filing the present petition is neither willful nor deliberate. Hence, the application is allowed and delay in filing the petition is condoned.
Application stands disposed of.
Cr. Revision No._______/2024 Be registered.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Sunil Kumar Panta vs. Anil Kumar
Cr. MP(M) No.1618 of 2024
13.11.2024 Present: Mr. I.S. Chandel, Advocate, for the applicant/petitioner.
None for the respondent.
From the reasons stated in the application, it is evident that the delay in filing the present petition was on account of the bona fide reasons mentioned in the application. The delay in filing the present petition is neither willful nor deliberate. Hence, the application is allowed and delay in filing the petition is condoned.
Application stands disposed of.
Cr. Revision No._______/2024 Be registered.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Sunil Kumar Panta vs. Hira Lal
Cr. MP(M) No.1619 of 2024
13.11.2024 Present: Mr. I.S. Chandel, Advocate, for the applicant/petitioner.
None for the respondent.
From the reasons stated in the application, it is evident that the delay in filing the present petition was on account of the bona fide reasons mentioned in the application. The delay in filing the present petition is neither willful nor deliberate. Hence, the application is allowed and delay in filing the petition is condoned.
Application stands disposed of.
Cr. Revision No._______/2024 Be registered.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Sunil Kumar Panta vs. Virender Kumar Cr. MP(M) No.1620 of 2024 13.11.2024 Present: Mr. I.S. Chandel, Advocate, for the applicant/petitioner.
None for the respondent.
From the reasons stated in the application, it is evident that the delay in filing the present petition was on account of the bona fide reasons mentioned in the application. The delay in filing the present petition is neither willful nor deliberate. Hence, the application is allowed and delay in filing the petition is condoned.
Application stands disposed of.
Cr. Revision No._______/2024 Be registered.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Surya Rashmi Rawat vs. State of HP and another Cr. MMO No.902 of 2024 13.11.2024 Present: Mr. Sheetal Vyas, Advocate, for the petitioner.
Mr. R.P. Singh, Deputy Advocate General, for respondent No.1/State.
Mr. Ram Kumar, Advocate, vice Mr. Munish Dhatwalia, Advocate, for respondent No.2.
Cr.MMO No.902/2024 & Cr.MP No.3809/2024 Further time prayed on behalf of respondent No.2 to file reply. No rejoinder is intended to be filed by the petitioner to the reply filed on behalf of respondent No.1.
List on 09.12.2024. Till then, petitioner shall not appear before the Trial Court.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Surya Rashmi Rawat vs. State of HP and another Cr. MMO No.902 of 2024 13.11.2024 Present: Mr. Sheetal Vyas, Advocate, for the petitioner.
Mr. R.P. Singh, Deputy Advocate General, for respondent No.1/State.
Mr. Ram Kumar, Advocate, vice Mr. Munish Dhatwalia, Advocate, for respondent No.2.
Cr.MMO No.902/2024 & Cr.MP No.3809/2024 Further time prayed on behalf of respondent No.2 to file reply. No rejoinder is intended to be filed by the petitioner to the reply filed on behalf of respondent No.1.
List on 09.12.2024. Till then, petitioner shall not appear before the Trial Court.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Pradeep Kumar vs. State of HP and another Cr. MMO No.901 of 2024 13.11.2024 Present: Mr. Sheetal Vyas, Advocate, for the petitioner.
Mr. R.P. Singh, Deputy Advocate General, for respondent No.1/State.
Mr. Ram Kumar, Advocate, vice Mr. Munish Dhatwalia, Advocate, for respondent No.2.
Cr.MMO No.901/2024 & Cr.MP No.3807/2024 Further time prayed on behalf of respondent No.2 to file reply. No rejoinder is intended to be filed by the petitioner to the reply filed on behalf of respondent No.1.
List on 09.12.2024. Till then, petitioner shall not appear before the Trial Court.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Dinesh Kumar vs. R.K. Enterprises
Cr. Revision No.606 of 2024
13.11.2024 Present: Mr. Bonit Thakur, Advocate, for the petitioner.
None for the respondent.
Cr. Revision No.606/2024 Respondent though served, none has put in appearance on its behalf.
Learned counsel for the petitioner submits that entire compensation amount stands paid to the respondent and that the parties have compromised the matter. In furtherance thereof, learned counsel for the petitioner intends to file an appropriate application under Section 147 of the N.I. Act for compounding of the present matter.
List for consideration after four weeks. Cr.MP No.3907/2024 Interim order dated 20.09.2024 is made absolute. Application stands disposed of.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Dinesh Kumar vs. R.K. Enterprises
Cr. Revision No.606 of 2024
13.11.2024 Present: Mr. Bonit Thakur, Advocate, for the petitioner.
None for the respondent.
Cr. Revision No.606/2024 Respondent though served, none has put in appearance on its behalf.
Learned counsel for the petitioner submits that entire compensation amount stands paid to the respondent and that the parties have compromised the matter. In furtherance thereof, learned counsel for the petitioner intends to file an appropriate application under Section 147 of the N.I. Act for compounding of the present matter.
List for consideration after four weeks. Cr.MP No.3907/2024 Interim order dated 20.09.2024 is made absolute. Application stands disposed of.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Jatinder Kumar vs. Chaman Lal
Cr. Revision No.596 of 2024
13.11.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Amardeep, Advocate, for the respondent. Cr. Revision No.596/2024 Learned counsel for the petitioner submits that order dated 12.09.2024 stands complied with as requisite compensation amount stands deposited and bail bonds stand furnished to the satisfaction of learned Trial Court.
Let report in this regard be called from the learned Trial Court.
List for consideration after four weeks. In the meanwhile, certified copy of the Trial Court judgment be filed. Cr.MP No.3797/2024
Interim order dated 12.09.2024 is made absolute. Application stands disposed of.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
M/s Neptune Life Sciences (P) Ltd. and others vs. Union of India.
Cr. MMO No.531 of 2024 13.11.2024 Present: Mr. Nikhil, Advocate, vice Mr. C.S. Thakur, Advocate, for the petitioners.
Mr. Shashi Shirshoo, Central Government Counsel, for the respondent-Union of India.
Reply is stated to have been filed. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing after removal of objection(s), if any.
Learned vice counsel appearing on behalf of the petitioners submits that they have received copy of the reply and seeks time to file rejoinder thereto.
As prayed, list after four weeks.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Atul Sen vs. Sanjeev Kalta
Cr. MMO No.395 of 2024
13.11.2024 Present: None for the petitioner.
Steps for the service of respondent have not been taken since 17.05.2024. Other than the aforesaid, on 30.05.2024 and 01.07.2024, none had appeared on behalf of the petitioner and on 28.10.2024, none had appeared on behalf of the petitioner before learned Additional Registrar (Judicial).
In the interest of justice and by way of indulgence, one last opportunity of one week is granted to the petitioner to take steps for effecting service upon the respondent. If in case, no steps are taken within the said period, then the matter shall automatically stand dismissed for non prosecution without any further reference to this Court.
In the case at hand, vide impugned order dated 27.02.2024, present petitioner had been declared proclaimed offender. Vide order dated 17.05.2024, operation of the aforesaid order dated 27.02.2024 had been deferred. If in case, the petitioner appears and takes steps as has been ordered supra, then on the next date of hearing, petitioner shall argue on the question of maintainability of the present petition.
List after four weeks.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Goverdhan Dutt alias Hira Lal vs. Satpal Cr. Revision No.383 of 2024 13.11.2024 Present: Mr. G.R. Palsra, Advocate, for the petitioner.
Mr. Naveen K. Bhardwaj, Advocate, for the respondent. Learned counsel for the petitioner submits that order dated 28.06.2024 stands complied with as requisite compensation amount stands deposited and bail bonds stand furnished to the satisfaction of learned Trial Court.
Let report in this regard be called from the learned Trial Court.
Record stands received. Learned counsel for the parties intend to go through the record.
List for consideration after four weeks.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Sherawali JLG Sundrota and another vs. PNB Cr. Revision No.262 of 2024 13.11.2024 Present: Mr. Rohit, Advocate, for the petitioners.
Mr. Arvind Sharma, Advocate, for the respondent. At the request of learned counsel for the petitioners, matter is adjourned in order to enable learned counsel to have instructions with respect to proposal, if any, filed for One Time Settlement (OTS) by the petitioners with the respondent-bank.
List on 02.12.2024.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Ajay Kumar vs. Ashok Kumar
Cr. MMO No.260 of 2024
13.11.2024 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the respondent.
Pleadings, in the case at hand, are complete. At the request of learned counsel for the petitioner, list on 30.11.2024.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Deepak Kumar Tyagi vs. State of HP and others Cr. MMO No.787 of 2023 13.11.2024 Present: Mr. V.S. Chauhan, Senior Advocate with Mr. Arsh Chauhan, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Ms. Priya Sharma, Advocate, vice Mr. Adarsh K. Vashista, Advocate, for respondent No.2.
List for presence of parties, on 21.11.2024.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Ravinder Kumar vs. Sushil Junk Scrap Dealer and others Cr. Revision No.682 of 2023 13.11.2024 Present: Mr. Panku Chaudhary, Advocate, vice Mr. Virender Katoch, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Learned counsel for the parties intend to go through the record.
List for consideration after four weeks.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Nitin Verma vs. State of HP
Cr.MP(M) No.1802 of 2024
13.11.2024 Present: Mr. Vipin Pandit and Mr. Parikshit Sharma, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
H.C. Jaivanti No.81, Police Station, Sadar, District Solan, is present along with record.
Further time prayed on behalf of learned counsel for the petitioner to prepare the case.
List on 26.11.2024.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Ramesh Chand & others vs. State of HP and others Civil Revision No.175 of 2023 13.11.2024 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioners.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Respondents No.2 to 5, 7 to 17, 19 to 23 and 25 to 30 already proceeded ex parte vide order dated 12.03.2024. CMP(M) No.1780/2024 On taking steps within three days, issue notice to the legal heirs of deceased respondent No.18, details whereof, have been given in paragraph-1 of the application, returnable within four weeks.
CMP No.20973/2024
Allowed and the applicants are exempted from filing true typed English translation of the document(s), in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Shurveer Singh vs. Surinder Singh
Cr.MP(M) No.1652 of 2024
13.11.2024 Present: Mr. Nishant Khidtta, Advocate, for the applicant/petitioner.
Ms. Suhani Gautam, Advocate, for the respondent. Pleadings in the present application are complete. List for consideration after two weeks.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Govind Kumar vs. State of HP
Cr. Appeal No.507 of 2024
13.11.2024 Present: Mr. Divya Raj Singh, Advocate, for the appellant.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Record stands received. Learned counsel for the parties intend to go through the same.
List for consideration on 06.12.2024.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Tanuj Kumari vs. Vivek Singh Chouhan CMP (M) No.462 of 2024 13.11.2024 Present: Mr. Naveen Awasthi, Advocate, for the petitioner.
Ms. Sheetal Vyas, Advocate, for the respondent. CMP (M) No.462/2024 Heard learned counsel for the parties and perused the pleadings.
In filing the present petition, admittedly, there is a delay of 188 days. The explanation offered for condoning the delay is vehemently opposed by learned counsel appearing on behalf of the non-applicant. Be that as it may, keeping in view the nature of litigation and in the interest of substantial justice, delay in filing the present petition is condoned. The application stands disposed of.
Cr. Revision No.______/2024 Be registered.
List for consideration on 30.11.2024. In the meanwhile, power of attorney on behalf of the respondent be also filed.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Mamta vs. Ravinder Kumar
CMPMO No.255 of 2024
13.11.2024 Present: Mr. Sunny Modgill, Advocate for the petitioner, through video conferencing.
Mr. Sanjeev Kumar Suri, Advocate, for the respondent. Learned counsel for the petitioner seeks time to have instructions, as to whether he wants to pursue the present petition or not, as the main proceeding before the Trial Court is reaching its final culmination.
List on 29.11.2024.
( Bipin C. Negi )
November 13, 2024 (KS) Judge
Chattar Singh vs. Sanjeev Kumar
Cr. Revision No.22 of 2024
12.11.2024 Present: Mr. Ashok Kumar Thakur, Advocate, vice Mr. Pawan Gautam, Advocate, for the petitioner.
Mr. Parmod Singh Thakur, Advocate, for the respondent. Learned vice counsel appearing on behalf of the petitioner submits that learned original counsel is unavailable on account of personal difficulty. He seeks for an adjournment. Prayer not opposed.
As prayed, list after four weeks.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Kulwant Singh and others vs. State of HP and others Cr.MMO No.1206 of 2023 12.11.2024 Present: Mr. Ashwani K. Sharma, Advocate, for the petitioners.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 & 2/State.
Mr. Atharv Sharma, Advocate, for respondents No.3 to 5. Learned counsel for the petitioners seeks time to have instructions, as to whether he wants to pursue the present petition or not.
As prayed, list after two weeks.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Sunil Kumar vs. State of HP and another Cr.MMO No.1132 of 2023 12.11.2024 Present: Mr. Naveen Awasthi, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.1/State.
Mr. Ashok Kumar Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for respondent No.2.
Learned counsel for the petitioner seeks time to have instructions, as to whether he wants to pursue the present petition or not.
As prayed, list after two weeks.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Ram Kumar and another vs. State of HP and others Cr.MMO No.939 of 2023 12.11.2024 Present: Mr. Shakti Bhardwaj, Advocate, for the petitioners.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 & 2/State.
Mr. Dheeraj K. Vashisht, Advocate, for respondents No.3 & 4. Learned counsel for the petitioners seeks time to have instructions, as to whether he wants to pursue the present petition or not.
As prayed, list after four weeks.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Pawan Kumar vs. Saroj
CMPMO No.719 of 2023
12.11.2024 Present: Mr. Ganesh Barowalia, Advocate, vice Mr. V.S. Rathore, Advocate, for the petitioner.
Mr. Ashok Kumar, Advocate, for the respondent. At the joint request of learned counsel appearing on behalf of the parties, list after four weeks.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Khem Raj and another vs. Mast Ram and others CMPMO No.462 of 2023 12.11.2024 Present: Mr. Varun Rana, Advocate, for the petitioners.
Mr. Sumit Sharma, Advocate, for respondents No.1, 2, 3(a) to 3(c).
At the request of learned counsel appearing on behalf of the respondents, list on 30.11.2024.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Yogesh Kumar and others vs. Kumari Adarsh Bala C.M.P.M.O. No.445 of 2023 12.11.2024 Present: Mr. Ajay Kumar Sharma, Senior Advocate with Mr. Manoj Brakta, Advocate, for the petitioners.
Mr. Ajay Kumar Thakur, Advocate, vice Mr. Sunny Modgill, Advocate, for the respondents.
CMP No.10609/2023 Reply, as prayed, be filed on or before the next date of hearing. List on 28.11.2024.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Brahma Nand and others vs. Chunni Lal and others Civil Revision No.106 of 2023 12.11.2024 Present: Mr. Bhupinder Gupta, Senior Advocate with Mr. Pranjal Munjal, Advocate, for the petitioners.
Mr. T.S. Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate, for the respondents.
Heard for sometime.
Learned Senior Counsel appearing on behalf of the petitioners has placed reliance upon the decisions reported in AIR 1985 All. LJ 45 (Smt. Raj Kumari vs. Board of Revenue, U.P., Allahbad and others) and in AIR 1981 (Bombay) 394 (Vasant Ambadas Pandit vs. Bombay Municipal Corporation and others).
Learned Senior Counsel appearing on behalf of the respondents intends to go through the same.
As prayed, list on 25.11.2024.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Vineet Sood vs. Smt. Poonam Sood and another Cr.MMO No.1292 of 2022 12.11.2024 Present: Mr. Rajnish K. Lal, Advocate, for the petitioner.
Mr. Sumesh Raj, Advocate, for the respondents. List for consideration on 16.12.2024. In the meanwhile, records be called for.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Dharmender Singh vs. Devi Singh and others Civil Revision No.126 of 2022 12.11.2024 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.
Mr. Raju Ram Rahi, Advocate, for respondent No.1. Mr. Kulwant Chauhan, Advocate, for respondents No.4 to 8. Learned counsel for the parties submit that there is a possibility of an amicable settlement between the parties and the matter be referred to the mediation.
On the request of learned counsel for the parties, the matter is sent for mediation. With the consent of the learned counsel for the parties, Mr. S.C. Sharma, learned Senior Advocate, is appointed as Mediator in this matter.
Parties, through their counsels, are directed to appear before the learned Mediator on 23.11.2024 at 11:00 a.m. in the Main Mediation Centre, H.P. High Court. The official Coordinator, High Court Main Mediation Centre shall render all assistance to learned Mediator.
Registry is directed to make available the complete record to the learned Mediator.
Learned Mediator is requested to submit his report on or before the next date of hearing. Put up with the report of learned Mediator on 24.12.2024.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Vivek Ummat vs. Surinder Kaur a/w connected matter Civil Revision No.32 of 2022 a/w Civil Revision No.33 of 2022 12.11.2024 Present: Mr. Rahul Verma, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioner, in both the petitions. Mr. Ajay Kumar Sharma, Advocate, for the respondents, in both the petitions.
Learned vice counsel appearing on behalf of the petitioner seeks adjournment on ground of bereavement in the family of learned arguing counsel. Prayer not opposed.
List on 29.11.2024.
( Bipin C. Negi )
November 12, 2024 (KS) Judge
Manoj Kumar vs. Surjeet Singh and another Cr. Revision No.678 of 2023 07.11.2024 Present: Mr. Sudhir Bhatnagar, Advocate, for the petitioner.
Mr. V.S. Rathore, Advocate, for the respondents. Petitioner is present in person. Learned counsel for the petitioner, under instructions, submits that the petitioner is ready and willing to deposit the balance compensation amount during the course of the day itself.
Let the aforesaid amount be deposited in the Registry of this Court on or before the next date of hearing.
In the aforesaid background, learned counsel for the petitioner seeks time to file an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand.
Let the needful be done on or before the next date of hearing. List on 19.11.2024.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Manoj Kumar vs. Surjeet Singh and another Cr. Revision No.678 of 2023 07.11.2024 Present: Mr. Sudhir Bhatnagar, Advocate, for the petitioner.
Mr. V.S. Rathore, Advocate, for the respondents. Petitioner is present in person. Learned counsel for the petitioner, under instructions, submits that the petitioner is ready and willing to deposit the balance compensation amount during the course of the day itself.
Let the aforesaid amount be deposited in the Registry of this Court on or before the next date of hearing.
In the aforesaid background, learned counsel for the petitioner seeks time to file an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand.
Let the needful be done on or before the next date of hearing. List on 19.11.2024.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Bias Devi vs. Sonu Kumar
Cr. Revision No.528 of 2023
07.11.2024 Present: None for the petitioner.
Mr. Vinod Soni, Advocate, vice Mr. Tanuj Thakur, Advocate, for the respondent.
Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list after four weeks.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Anil Sharma vs. Central Bureau of Investigation Cr. Revision No.371 of 2023 07.11.2024 Present: Mr. Gaurav Kumar, Advocate, for the petitioner.
Mr. Janesh Mahajan, Advocate, for the respondent/CBI. Learned counsel appearing on behalf of the petitioner seeks time to file fresh power of attorney, as the original counsel has now been designated as Senior Advocate. Prayer not opposed.
Let the needful be done on or before the next date of hearing. List for consideration, on 21.11.2024.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Harish Kumar vs. Mohan Singh
Cr. Revision No.675 of 2022
07.11.2024 Present: Mr. Prashant Chauhan, Advocate, vice Mr. Sarthak Mehta, Advocate, for the petitioner.
Ms. Kiran Kanwar, Advocate, for the respondent. Learned counsel appearing on behalf of the petitioner submits that the matter inter se the parties stands compromised. In view thereof, they intend to move an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand.
Let the needful be done on or before the next date of hearing. List on 22.11.2024.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Kamla Devi vs. Vishwa Bhuashan Banta (deceased) through LRs.
CMP(MO) No.28 of 2023 07.11.2024 Present: None.
List after four weeks.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Lata Sharma vs. State of HP and others a/w connected matter Cr. Revision No.53 of 2022 a/w Cr.MMO No.907 of 2022 Cr. Revision No.53 of 2022 07.11.2024 Present: Ms. Sukriti Panwar, Advocate, vice Mr. Rajneesh K. Lal, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for the respondents/State.
Mr. Neel Kamal Sharma, Advocate, for respondent No.2. Cr.MMO No.907 of 2022 Mr. Deepak Bhasin, Senior Advocate with Mr. Sambhav Bhasin, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for the respondents/State.
Mr. Neel Kamal Sharma, Advocate, for respondent No.3. Ms. Sukriti Panwar, Advocate, vice Mr. Rajneesh K. Lal, Advocate, for respondent No.4.
Learning vice counsel appearing on behalf of the petitioner in Cr. Revision No.53 of 2022 submits that on account of personal difficulty, learned original counsel is unavailable. She prays for an adjournment.
Learned counsel for the parties submit that the parties, in the case at hand, are all neighbors and with respect to possibility of amicable settlement, they need to have instructions from their respective client(s).
Let the needful be done on or before the next date of hearing. As prayed, list on 25.11.2024.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Vivek Ummat vs. Surinder Kaur a/w connected matter Civil Revision No.32 of 2022 a/w Civil Revision No.33 of 2022 07.11.2024 Present: Mr. Deepak Gupta, Advocate, for the petitioner, in both the petitions.
Mr. R.K. Bawa, Senior Advocate with Mr. Abhinav Thakur, Advocate, for the respondents, in both the petitions. List on 12.11.2024.
( Bipin C. Negi )
November 07, 2024 (KS) Judge
Sher Singh and another vs. State of HP and others Cr.MMO No.987 of 2024 06.11.2024 Present: Mr. Ankit Dhiman, Advocate, for the petitioners.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 and 2/State.
Mr. Hemant Kumar Thakur, Advocate, for respondents No.3 and 4. For presence of parties, list on 21.11.2024.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Rajinder Singh and another vs. State of HP and others Cr.MMO No.844 of 2024 06.11.2024 Present: Ms. Yamini, Advocate, vice Mr. Virender Thakur, Advocate, for the petitioners.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 to 3/State.
No notices have been issued to private respondent No.4. Reply on behalf of the respondents/State stands filed. Learned counsel for the petitioners seeks time to file rejoinder thereto.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Master X vs. State of HP
Cr. Revision No.659 of 2024
06.11.2024 Present: Mr. Sanket Sankhyan, Advocate, for the petitioner/juvenile.
Mr. Manish Thakur, Deputy Advocate General, for the respondent/State.
Learned Deputy Advocate General seeks time to have instructions.
Let the needful be done on or before the next date of hearing. List on 30.11.2024. In the meanwhile, certified copy of the document(s), in question, be also filed.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Pawan Kumar vs. PNB
Cr. Revision No.624 of 2024
06.11.2024 Present: Mr. Shivanshu, Advocate vice Mr. Vijender Katoch, Advocate, for the petitioner.
Mr. Kiran Sharma, Advocate, vice Mr. Arvind Sharma, Advocate, for the respondent.
Cr. Revision No.624/2024 List after four weeks. Records be called for. Cr.MP No.3992/2024 The applicant-petitioner has preferred the present petition against the judgment of conviction dated 28.12.2022 and order of sentence dated 29.12.2022, passed by learned Judicial Magistrate First Class-II, Dharamshala, District Kangra, H.P. (hereinafter referred to as 'the Trial Court'), in Criminal case No.218-III/2017, titled Punjab National Bank vs. Pawan Kumar, and affirmed by learned Sessions Judge, Kangra at Dharamshala, District Kangra, H.P. in Criminal Appeal No. 5-D/X/2023, titled Pawan Kumar vs. Punjab National Bank, decided on 05.07.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision -2- petition, he will immediately surrender before the learned Trial Court to receive the sentence.
A copy of this order be sent to the learned Trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
Cr.MP No.3993/2024 Allowed and the applicant is exempted from filing the certified copy of the Trial Court Judgment, at this stage, subject to filing of the same on or before the next date of hearing.
The application stands disposed of.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Raj Thakur vs. State of HP
Cr. Revision No.538 of 2024
06.11.2024 Present: Mr. Servedaman Rathore, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for the respondent/State.
As prayed, list on 18.11.2024.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
M/s Neptune Life Sciences (P) Ltd. and others vs. Union of India Cr. MMO No.524 of 2024 06.11.2024 Present: Mr. Nikhil, Advocate, vice Mr. C.S. Thakur, Advocate, for the petitioners.
Mr. Shashi Shirshoo, Central Government Counsel, for the respondent/Union of India.
Reply is stated to have been filed. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing after removal of objection(s), if any.
Learned vice counsel appearing on behalf of the petitioner submits that they have received copy of the reply and seeks time to file rejoinder thereto.
As prayed, list after four weeks.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Kaku vs. State of HP and others
Cr. Appeal No.415 of 2024
06.11.2024 Present: Mr. Harsh Sharol, Advocate, vice Mr. Manoj Pathak, Advocate, for the appellant.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.1/State.
Mr. Raju Ram Rahi, Advocate, for respondents No.2 to 13. Record stands received. Learned counsel for the parties intend to go through the same.
List after four weeks.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Rajan Kumar vs. Sunil Kumar
Cr. Revision No.330 of 2024
06.11.2024 Present: Mr. B.R. Sharma, Advocate, for the petitioner.
Mr. H.C. Sharma, Advocate, for the respondent. Order dated 05.06.2024 stands complied with as 25% of the compensation amount stands deposited with the trial Court and bail bonds stand furnished to the satisfaction of learned Trial Court.
Let the balance amount of the compensation be deposited on or before the next date of hearing.
List after four weeks.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Bihari Lal vs. State of HP and another Cr. Appeal No.247 of 2024 06.11.2024 Present: Mr. D.S. Kainthla, Advocate, for the appellant.
Mr. Manish Thakur, Deputy Advocate General, for the respondent/State.
At the request of learned counsel for the appellant, list after four weeks.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
State of HP vs. Raj Kumar
Cr. Revision No.181 of 2024
06.11.2024 Present: Mr. Manish Thakur, Deputy Advocate General, for the petitioner/State.
None for the respondent.
There is no appearance on behalf of the respondent, though power of attorney stands filed. In the interest of justice, list after four weeks.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Avinash Sharma vs. Ragu Nath
Cr. Revision No.178 of 2024
06.11.2024 Present: Mr. Ajay Singh Kashyap, Advocate, for the petitioner.
Mr. Hemant Kumar Sharma, Advocate, for the respondent. Since interim order dated 28.03.2024 has not been complied with till date, therefore, interim protection granted by the aforesaid order is vacated. The respondent is at liberty to have the judgment before the Court below executed.
List for consideration after one week.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Ram Rani vs. Rampal and others a/w connected matter Cr.MMO No.133 of 2024 a/w Cr.MMO No.43 of 2024 06.11.2024 Present: Mr. Prantap Sharma, Advocate, for the petitioner in Cr.MMO No.133 of 2024 and for private respondent in Cr.MMO No.43 of 2024.
Mr. K.D. Sood, Senior Advocate with Mr. Vivek Singh Thakur, Advocate, for respondents No.1 & 3, in Cr.MMO No.133 of 2024 and for the petitioner in Cr.MMO No.43 of 2024. Mr. Manish Thakur, Deputy Advocate General, for the respondents/State, in both the petitions. At the joint request of learned counsel for the parties, list on 21.11.2024.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Pritha Sharma and another vs. Janak Raj Sharma and others Civil Revision No.67 of 2024 06.11.2024 Present: Ms. Ritu Raj Sharma, Advocate, fo the petitioners.
Mr. Mohinder Singh Thakur, Advocate, for respondent No.1. At the joint request of learned counsel for the parties, list on 29.11.2024.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Gurbachan Lal and others vs. LAC and another a/w connected matters Civil Revision No.46 of 2024 a/w Civil Revision Nos.35 & 36 of 2024 06.11.2024 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioner(s), in all the petitions. Mr. Rajinder Thakur, Central Government Counsel, for the respondents/ Union of India.
At the joint request of learned counsel for the parties, list after four weeks.
( Bipin C. Negi )
November 06, 2024 (KS) Judge
Vinod Kumar vs. Bharat Bhushan and another Cr. Revision No.597 of 2024 05.11.2024 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Mr. Goldy Kumar, Advocate, for respondent No.1. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Cr. Revision No.597/2024 List after three weeks.
Interim order to continue.
Cr.MP No.3812/2024 Reply, as prayed, be filed on or before the next date of hearing.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Vinod Kumar vs. Bharat Bhushan and another Cr. Revision No.597 of 2024 05.11.2024 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Mr. Goldy Kumar, Advocate, for respondent No.1. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Cr. Revision No.597/2024 List after three weeks.
Interim order to continue.
Cr.MP No.3812/2024 Reply, as prayed, be filed on or before the next date of hearing.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Munshi Ram Chandel vs. Jalam Ram Sharma and another CMPMO No.533 of 2024 05.11.2024 Present: Mr. Parveen Sharma, Advocate, for the petitioner.
Mr. Himanshoo Panwar, Advocate, for respondent No.1(a) to 1(c) and resondent No.2.
CMP No.16403/2024 Reply, as prayed, be filed within three weeks. List thereafter.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Savitri Devi vs. Kuldeep Kumar
CMPMO No.485 of 2024
05.11.2024 Present: Mr. Het Ram Thakur, Advocate, for the petitioner.
Mr. B.S. Chauhan, Senior Advocate with Mr. Munish Dhatwalia, Advocate, for the respondent.
Learned Senior Counsel appearing on behalf of the respondent seeks two weeks' time to place on record the record of learned Trial Court pertaining to the case at hand.
List on 21.11.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Ajay Kumar vs. State of HP and others
Cr. MMO No.481 of 2024
05.11.2024 Present: Mr. Mohit Dogra, Advocate, vice Mr. Kush Sharma, Advocate,
for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 and 2/State.
Mr. Vinod Kumar Gupta, Advocate, for respondent No.3. Further time prayed on behalf of respondent No.3 to file reply.
From perusal of the status report filed on behalf of the respondents/State, it is evident that there are twelve cases pending against respondent No.3. While filing reply, the aforesaid factum of pendency of twelve cases against respondent No.3 be kept in view/be appropriately dealt with.
Rejoinder, if any, be filed within another two weeks. List thereafter.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Raj Kumar vs. Surinder Singh
Cr. Revision No.425 of 2024
05.11.2024 Present: Mr. Karan Veer Singh, Advocate, for the petitioner.
Mr. Parveen Chauhan, Advocate, for the respondent. Since interim order dated 15.07.2024 has not been complied with till date, therefore, interim protection granted by the aforesaid order is vacated. The respondent is at liberty to have the judgment before the Court below executed.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Raj Kumar vs. State of HP
Cr.MMO No.347 of 2024
05.11.2024 Present: Mr. Narvada, Advocate, vice Mr. Ajay Vaidya, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Learned vice counsel appearing on behalf of the petitioner submits that objections in the rejoinder shall positively be removed and it shall be ensured that the rejoinder is placed on record, on or before the next date of hearing.
List after four weeks.
( Bipin C. Negi ) November 05, 2024 (KS) Judge Balbir Singh vs. Baldev and another Criminal Revision No.266 of 2024 05.11.2024 Present: Mr. Subhash Mohan Snehi, Advocate, for the petitioner.
Mr. Jagat Pal, Advocate, for respondent No.1. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Record stands received. Learned counsel for the parties intend to go through the same. List after four weeks.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Khindu Ram vs. Dev Raj
Cr. Appeal No.185 of 2024
05.11.2024 Present: Mr. Karan Vir Singh, Advocate, for the petitioner.
Mr. Parveen Kumar Chauhan, Advocate, for the respondent. At the request of learned counsel for the petitioner, list after three weeks.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Tushar Sharma and others vs. State Bank of India and others Cr.MMO No.182 of 2024 05.11.2024 Present: Mr. Paras Dhaulta, Advocate, for the petitioners.
Mr. Arvind Sharma, Advocate, for respondents No.1 and 2. Mr. Kashmir Singh Thakur, Senior Advocate with Mr. Harjeet Singh, Advocate, for respondent No.3.
None for respondent No.4.
Pleadings are complete. List the matter on 25.11.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Raj Prakash vs. Usha Chaudhary and others Civil Revision No.136 of 2024 05.11.2024 Present: Mr. Pradeep Kumar Verma, Advocate, for the petitioner.
Mr. S.D. Sharma, Advocate, for respondents No.1 to 3. Respondent No.4 is present in person.
Civil Revision No.136/2024 Mr. S.D. Sharma, learned Advocate has put in appearance on behalf of respondents No.1 to 3. He submits that he has filed power of attorney on behalf of the said respondents.
Record be called for.
List for consideration, on 19.12.2024.
Interim order to continue.
CMP No.18592/2024 Reply, if any, be filed on or before the next date of hearing.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Jeet Singh vs. Avinash
Civil Revision No.121 of 2024
05.11.2024 Present: Mr. Devender K. Sharma, Advocate, for the petitioner.
Mr. G.R. Palsra, Advocate, for the respondent. Records be called for.
List the matter after four weeks.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Sudesh Sood and another vs. Abhishek Vashisht and another CMPMO No.111 of 2024 05.11.2024 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Abhinav Thakur, Advocate, for the petitioner.
Mr. Pranjal Munjal, Advocate, vice Ms. Jyotika Gupta, Advocate, for the respondents.
At the request of learned vice counsel appearing on behalf of the respondents, list on 12.11.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Gangi Devi and others vs. Gokal
Civil Revision No.69 of 2024
05.11.2024 Present: Mr. Bhender Kumar Chaudhary, Advocate, for the petitioners.
Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Amita Chandel, Advocate, for the respondent.
In order to enable learned counsel appearing on behalf of the petitioner to prepare the case, matter is adjourned. List on 06.12.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Superlink Traders India Pvt. Ltd. (STIPL) vs. M/s Technical Associates Ltd. and others Cr.MMO No.1085 of 2023 05.11.2024 Present: Mr. Ishan Sharma, Advocate, for the petitioner.
Mr. Yoginder Paul, Advocate, for respondent No.3. Cr.MP No.4435/2024 No reply is intended to be filed on behalf of appearing non- applicant/respondent No.3. Learned counsel appearing on behalf of the non-applicant/respondent No.3 has no objection, if in case, the application is allowed.
For the reasons stated in the application, the same is allowed. Names of respondents No.2, 4, 5 and 6 are ordered to be deleted from the array of the parties, subject to just all exceptions. Application stands disposed of.
Amended memo of parties be filed on or before the next date of hearing.
Cr.MMO No.1085/2023
List on 03.12.2024. In the meanwhile, power of attorney and reply, if any, be filed on behalf of respondent No.3.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Kiran Thakur vs. State of HP
Cr.MP(M) No.1879/2024
05.11.2024 Present: Mr. Aditya Kaushal, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the
respondent/State.
ASI Suman Kumar, Police Station, Sadar District Mandi, H.P., is present along with record. Fresh status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner.
From perusal of the status report, it is evident that the matter is now listed for recording of evidence on 19.11.2024 and 23.11.2024 before the learned Trial Court. On the aforesaid two dates, total six witnesses have to be examined.
In the case at hand, commercial quantity in terms of Nacotic Drugs and Psychotropic Substances Act is involved. In view thereof, list the matter for consideration, on 27.11.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Nirmala Devi vs. State of HP
Cr.MP(M) No.1803/2024
05.11.2024 Present: Mr. Vipin Pandit, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
H.C. Hemant Kumar No.77, I/O Police Station, Kasauli, District Solan, is present along with record. Fresh status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List on 14.11.2024, enabling learned counsel for the petitioner to have instructions in the matter.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Asha Ram vs. Ran Singh
Cr. Appeal No.512 of 2024
05.11.2024 Present: Mr. Ashok Kumar Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for the appellant.
Mr. Amrick Singh, Advocate, for the respondent. Cr. Appeal No.512/2024 Mr. Amrick Singh, learned Advocate has filed memo of appearance on behalf of the respondent. He prays for and is granted two weeks' time to file power of attorney.
List after three weeks.
Cr. MP No.4150/2024 Reply, as prayed, be filed on or before the next date of hearing.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Darshan Dass vs. Goverdhan Singh Chauhan Cr. Revision No.244 of 2024 05.11.2024 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Order dated 15.07.2024 stands complied with, as bail bonds have been furnished to the satisfaction of learned Trial Court and the requisite amount stands deposited.
As per service report of the respondent, the sole respondent is stated to have died. Learned counsel appearing on behalf of the petitioner seeks time to take consequential steps for bringing on record the legal heirs of deceased respondent.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Balbir Singh Mehta vs. Shyam Sharma
Cr. Appeal No.175 of 2024
05.11.2024 Present: Mr. V.S. Rathore, Advocate, for the appellant.
Mr. Sanjay Ranta, Advocate, for the respondent. Mr. Sanjay Ranta, learned Advocate has filed memo of appearance on behalf of the respondent. He prays for and is granted two weeks' time to file power of attorney.
List on 25.11.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Sunil Kumar Panta vs. Vijay Singh Khurana Cr. Revision No.01 of 2022 05.11.2024 Present: Mr. Arun Kumar, Advocate, vice Mr. I.S. Chandel, Advocate, for the petitioner.
Ms. Shiwani, Advocate, vice Mr. D.S. Nainta, Advocate, for the respondent.
Previous order has not been complied with despite undertaking given by learned counsel for the petitioner.
As prayed by learned vice counsel appearing on behalf of the petitioner, list on 14.11.2024.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Sunil vs. State of Himachal Pradesh
Cr.MP(M) No.2450/2024
05.11.2024 Present: Mr. Anil Kumar Manget, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Cr.MP(M) No.2450/2024 Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 10.12.2024, on which date, respondent/State shall file Status report.
Cr.MP No.4484/2024
Allowed and the applicant is exempted from filing true typed English translation of the document(s), in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Hoshiyar Singh vs. State of Himachal Pradesh Cr.MP(M) No.2444/2024 05.11.2024 Present: Mr. Aakash Thakur, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 09.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Aryan vs. State of Himachal Pradesh
Cr.MP(M) No.2445/2024
05.11.2024 Present: Mr. Aakash Thakur, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 09.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Ajay vs. State of Himachal Pradesh
Cr.MP(M) No.2446/2024
05.11.2024 Present: Mr. Aakash Thakur, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 09.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Aman vs. State of Himachal Pradesh
Cr.MP(M) No.2442/2024
05.11.2024 Present: Mr. Shivanshu, Advocate, vice Mr. Vijender Katoch, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 06.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Navjot vs. State of Himachal Pradesh Cr.MP(M) No.2443/2024 05.11.2024 Present: Mr. Shivanshu, Advocate, vice Mr. Vijender Katoch, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file status report.
List on 06.12.2024, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
M/s Aggarwal Agencies vs. Vijay Kumar Sharma Civil Revision No.143 of 2024 05.11.2024 Present: Ms. Seema K. Guleria, Advocate, for the petitioner.
Mr. Karan Sharma, Advocate, for the respondent. Caveat Petition No.494/2024 Allowed and discharged.
Civil Revision No.143/2024 Notice. Mr. Karan Sharma, learned counsel, appears and waives service of notice on behalf of the respondent.
Records be called for.
List for consideration, at the admission stage, on 22.11.2024.
CMP No.20014/2024
Notice in the aforesaid terms. Reply, as prayed, be filed on or before the next date of hearing.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Gopal Singh vs. State of HP and others Cr. MMO No.887 of 2024 05.11.2024 Present: Mr. Rajeev Sharma, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 4/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 4. He prays for and is granted a week's time to file reply/status report. On taking steps during the course of the day, dasti notice be issued to respondent No.5, returnable for 14.11.2024.
Registry to hand over dasti notice to learned counsel for the petitioner latest by 06.11.2024.
List on 14.11.2024. In the meanwhile, reply/status report be filed by respondents No.1 to 4/State.
( Bipin C. Negi )
November 05, 2024 (KS) Judge
Ramesh Chand alias Baag vs. State of HP Cr. Appeal No.93 of 2022 04.11.2024 Present: Mr. Mohan Singh, Advocate, vice Mr. Sanjay Kumar Sharma, Advocate, for the appellant.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
At the request of learned vice counsel appearing on behalf of the appellant, list after four weeks.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Sandeep Kumar Sharma vs. PNB
Cr. Revision No.261 of 2019
04.11.2024 Present: Ms. Kamlesh Kumari, Advocate, vice Mr. A.S. Rana, Advocate, for the petitioner.
Mr. Sunil Kumar, Advocate, for the respondent. Learned vice counsel appearing on behalf of the petitioner, under instructions, submits that the petitioner has approached the respondent-bank for One Time Settlement (OTS). In view thereof, adjournment is sought. Prayer not opposed.
As prayed, list after four weeks.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Budhi Singh vs. State of HP
Cr.MP(M) No.1753 of 2024
04.11.2024 Present: Mr. Raman Jamalta, Advocate, for the applicant/petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Cr.MP(M) No.1753/2024 From the reasons stated in the application, it is evident that the delay in filing the present appeal was on account of the bona fide reasons mentioned in the application. The delay in filing the present appeal is neither willful nor deliberate. Hence, the application is allowed and delay in filing the appeal is condoned. Application stands disposed of.
Cr. Appeal No.________/2024 Be registered.
Admit.
Records be called for.
Cr.MP No._____/2024 Be registered.
Reply, as prayed, be filed within four weeks. List on 06.12.2024.
Cr.MP No.______/2024 Be registered.
Allowed and the applicant is exempted from filing true typed English translation of vernacular document(s) in question, annexed with the accompanying appeal, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Budhi Singh vs. State of HP
Cr.MP(M) No.1753 of 2024
04.11.2024 Present: Mr. Raman Jamalta, Advocate, for the applicant/petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Cr.MP(M) No.1753/2024 From the reasons stated in the application, it is evident that the delay in filing the present appeal was on account of the bona fide reasons mentioned in the application. The delay in filing the present appeal is neither willful nor deliberate. Hence, the application is allowed and delay in filing the appeal is condoned. Application stands disposed of.
Cr. Appeal No.________/2024 Be registered.
Admit.
Records be called for.
Cr.MP No._____/2024 Be registered.
Reply, as prayed, be filed within four weeks. List on 06.12.2024.
Cr.MP No.______/2024 Be registered.
Allowed and the applicant is exempted from filing true typed English translation of vernacular document(s) in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Amit Verma vs. Ram Asri
Cr.MP(M) No.885 of 2024
04.11.2024 Present: None for the applicant/petitioner.
Since 18.07.2024, no steps have been taken for effecting service upon the respondent.
Let steps for the service of respondent be taken within a week. On taking such steps, issue notice to the respondent, returnable within four weeks. It is made clear that if steps are not taken within a week, then the matter shall automatically stand dismissed for non prosecution without further reference to this Court.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Vyas Dev vs. State of HP and another
Cr. MP(M) No.677 of 2024
04.11.2024 Present: Mr. Panku Chaudhary, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Dheeraj K. Vashisht, Advocate, for respondent No.2. Rejoinder is stated to have been filed. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing after removal of objection(s), if any.
List for consideration after two weeks.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Kumbi Ram vs. Mohammad Rahid Alam
Cr. Revision No.459 of 2024
04.11.2024 Present: Mr. Ravinder Singh Jaswal, Advocate, for the petitioner.
On taking steps within three days, issue notice to the respondent, returnable within four weeks.
In the meanwhile, order dated 24.07.2024 be complied with.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Man Singh vs. Manmohan Singh and others CMP(M) No.44 of 2024 04.11.2024 Present: Ms. Dhanwanti, Advocate, vice Mr. Sanjay Bhardwaj, Advocate, for the petitioner.
Mr. Arvind Negi, Advocate, for respondents No.1, 3 and 4. Respondent No.2 is stated to have died.
Reply, as prayed, be filed within four weeks. List thereafter.
( Bipin C. Negi )
November 04, 2024 (KS) Judge
Nanku Ram and others vs. State of HP
Cr.Appeal No.352 of 2009
29.10.2024 Present: Mr. Vinod K. Gupta, Advocate, for the appellants No.1 to 4.
Appellant No.5 is stated to have expired. Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
In pursuance to the previous order, appellants No.1 to 3, namely Nanku Ram, Vijay Singh and Tara Dutt, are present in person.
In pursuance to the bailable warrants issued, appellant No.4 had furnished the requisite bail bonds to the satisfaction of the Arresting Officer. He is not available today in Court on account of illness. In this respect, original medical certificate has been produced and shown to the Court. The same is seen and returned.
Appellants No.1 to 4 are duly represented by their counsel. In view thereof, list the matter for consideration after four weeks.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Sanjay Chottani vs. State of HP and another Cr.MMO No.467 of 2021 29.10.2024 Present: Mr. Pranjal Munjal, Advocate, vice Mr. Janesh Gupta, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
At the request of learned counsel for the petitioner, list on 30.12.2024.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Tek Chand vs. State of Himachal Pradesh Criminal Appeal No.552 of 2024 29.10.2024 Present: Mr. Jai Dev Thakur, Advocate, for the appellant.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
Cr. Appeal No.552/2024 Admit.
Records be called for.
Cr.MP No.4452/2024 The applicant-appellant has preferred the present appeal against the judgment of conviction dated 22.10.2024 and order of sentence dated 23.10.2024, passed by learned Special Judge-II, Hamirpur, District Hamirpur, H.P., in Sessions Trial No.39 of 2022, titled State of Himachal Pradesh vs. Tek Chand. The appellant has been sentenced to undergo rigorous imprisonment fir a period of two years and to pay a fine of Rs.20,000/-. The amount of fine is stated to have been deposited, receipts whereof, have been placed on record.
The appeal stands admitted and hearing whereof is going to take some time. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the appellant furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that appellant will attend this Court as and when required and in case of dismissal of the appeal, he will immediately surrender before the learned trial Court to receive the sentence.
A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of four weeks.
The application stands disposed of.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Sushil Kumar Thakur vs. Kuldeep Chand Kanwar Criminal Revision No.233 of 2023 29.10.2024 Present: Mr. Tek Chand, Advocate, for the petitioner.
Mr. Lakshay Thakur, Advocate, for the respondent, who is stated to have expired.
Respondent is stated to have expired. Let consequential steps for bringing on record the legal heirs of deceased respondent be taken within four weeks.
List after four weeks. In the meanwhile, balance compensation amount be deposited.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Roshan Lal vs. M/s Universal Estate a/w connected matters Civil Revision No.105 of 2018 a/w Civil Revision Nos.146, 167, 181, 185 and 216 of 2016 29.10.2024 Present: Ms. Kamlesh Kumari, Advocate, vice Mr. H.S. Rana, Advocate, for the petitioner(s), in CR No.105 of 2018 & CR No.146 of 2016.
Mr. Pranjal Munjal, Advocate, vice Mr. Janesh Gupta, Advocate, for the petitioner(s), in CR Nos.167, 181, 185 & 216 of 2016. Mr. Karun Negi, Advocate, for the respondent(s), in alll the petitions.
At the request of learned vice counsel appearing on behalf of the petitioner(s) in CR Nos.181, 185 & 216 of 2016, list for consideration after three weeks.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Raghubir Singh vs. Vijay Kumar and others Civil Revision No.169 of 2017 29.10.2024 Present: Ms. Devyani Sharma, Senior Advocate with Mr. Shivam Sharma, Advocate, for the petitioner.
Mr. K.D. Sood, Senior Advocate with Mr. Vivek Singh Thakur, Advocate, for respondents No.1 & 2.
At the request of learned counsel for the petitioner, list for consideration on 28.11.2024.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Anil Kumar vs. Meena and another
Cr.MP(M) No.2393 of 2024
29.10.2024 Present: Mr. Narender Guleria, Advocate, for the applicant/ petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.2/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. He prays for and is granted two weeks' time to file reply. On taking steps during the course of the day, dasti notice be issued to respondent No.1, returnable for 12.11.2024.
Registry to hand over dasti notice to learned counsel for the applicant latest by 30.10.2024.
List on 12.11.2024. In the meanwhile, reply be filed by respondent No.2/State.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Praveen Kumar vs. Neeraj Kumar and another Cr.MP(M) No.2391 of 2024 29.10.2024 Present: Mr. H.S. Rangra, Advocate, for the applicant/ petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.2/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. He prays for and is granted four weeks' time to file reply. On taking steps within three days, issue notice to respondent No.1, returnable for 19.12.2024.
List on 19.12.2024. In the meanwhile, reply be filed by respondent No.2/State.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Ankit Kumar vs. Raj Kumar and another Cr.MP(M) No.2390 of 2024 29.10.2024 Present: Mr. Rajinder Gulati and Mr. Anil Kumar Manget, Advocates, for the applicant/ petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.2/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. He prays for and is granted four weeks' time to file reply. On taking steps within three days, issue notice to respondent No.1, returnable for 09.12.2024.
List on 09.12.2024. In the meanwhile, reply be filed by respondent No.2/State.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Chandel Singh vs. State of Himachal Pradesh Cr.MP(M) No.2389 of 2024 29.10.2024 Present: Mr. Kamal Kant Chandel, Advocate, for the applicant/petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply.
List on 02.12.2024. In the meanwhile, reply be filed by the respondent/State.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Tej Raj vs. State of Himachal Pradesh Cr.MP(M) No.2388 of 2024 29.10.2024 Present: Mr. Lalit Kumar Sehgal, Advocate, for the applicant/petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply.
List on 04.12.2024. In the meanwhile, reply be filed by the respondent/State.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Atul Sen vs. Girish Chauhan
Cr.MP(M) No.2385 of 2024
29.10.2024 Present: Ms. Ritta Goswami, Senior Advocate with Mr. Rekha, Advocate, for the applicant/petitioner.
On taking steps within three days, issue notice to the respondent, returnable for 05.12.2024.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Sunil Dutt vs. Dharam Dass
Cr.MP(M) No.2384 of 2024
29.10.2024 Present: Mr. Mukul Sood and Mr. Het Ram Thakur, Advocates, for the applicant/appellant.
On taking steps within three days, issue notice to the respondent, returnable for 06.12.2024.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Rajni vs. Nishant Arora and another
Cr.MP(M) No.2383 of 2024
29.10.2024 Present: Mr. Rajinder Gulati and Mr. Anil Kumar Manget, Advocates, for the applicant/ petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.2/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. He prays for and is granted four weeks' time to file reply. On taking steps within three days, issue notice to respondent No.1, returnable for 06.12.2024.
List on 06.12.2024. In the meanwhile, reply be filed by respondent No.2/State.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Gopal Singh @ Pala vs. State of Himachal Pradesh Cr.MP(M) No.2380 of 2024 29.10.2024 Present: Mr. Rocky, Advocate, vice Mr. Devender K. Sharma, Advocate, for the applicant/ appellant.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply.
List after four weeks.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Rameshwar Dutt Sharma vs. Sunil Chauhan Cr.MP(M) No.2379 of 2024 29.10.2024 Present: Mr. Akshay Katoch, Advocate, for the applicant/appellant. Cr. MP(M) No.2379/2024
Heard. From perusal of the grounds of appeal, it is evident that the appellant has an arguable case.
In view of the aforesaid, leave to appeal is granted. The application stands disposed of.
Cr. Appeal No._____/2024 Be registered.
On taking steps within three days, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
October 29, 2024 (KS) Judge
Om Prakash vs. Saroj Bala and others
CMPMO No.444 of 2023
28.10.2024 Present: Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Ramakant Sharma, Advocate, for the respondents. At the jont request of the parties, list on 25.11.2024.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Ganga Devi and others vs. State of HP and others Cr.MMO No.811 of 2024 28.10.2024 Present: Mr. R.L. Chaudhary, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 to 4/State.
Mr. Sunny Dhatwalia, Advocate, for respondents No.5 to 9. Mr. Harsh Sharol, Advocate, for respondents No.10 & 11. Reply, as prayed, be filed within four weeks. Rejoinder thereto be filed within two weeks thereafter.
List on 13.12.2024.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Jaspreet Singh vs. State of Himachal Pradesh Cr.MP(M) No.2406 of 2024 28.10.2024 Present: Mr. Sangram Singh Chandel, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent.
List on 29.10.2024, on which date, status report/ instructions be filed/obtained.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
New India Assurance Company Limited vs. Parveen Sood and another CMPMO No.548 of 2024 28.10.2024 Present: Mr. B.M. Chauhan, Senior Advocate with Ms. Kamakshi Tarlokta, Advocate, for the petitioner. Mr. Bunesh Pal, Advocate, for respondent No.1. At the request of learned counsel for respondent No.1, list after four weeks.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Anita vs. State of Himachal Pradesh
Cr.MP(M) No.2413 of 2024
28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 34 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Swarno Devi vs. State of Himachal Pradesh Cr.MP(M) No.2412 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 48 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Swarno Devi vs. State of Himachal Pradesh Cr.MP(M) No.2412 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nagarik Surakasha Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 40 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Reenu Devi vs. State of Himachal Pradesh Cr.MP(M) No.2411 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 34 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Salochna vs. State of Himachal Pradesh Cr.MP(M) No.2410 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 40 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Chinto Devi vs. State of Himachal Pradesh Cr.MP(M) No.2409 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 64 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Nirmala Devi vs. State of Himachal Pradesh Cr.MP(M) No.2408 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 53 years, is permanent resident of Village Gunghlon, Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Pushpa Devi vs. State of Himachal Pradesh Cr.MP(M) No.2407 of 2024 28.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by her counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 30.11.2024.
Prayer in this petition is for grant of regular bail in F.I.R. No.167/2024, dated 12.10.2024, registered at Police Station, Majra, District Sirmour, H.P. for the commission of offences punishable under Sections 126(2), 115(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(ZA)(C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that she is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, she has further submitted that she would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
-2-In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 40 years, is permanent resident of Village Gunghlon, Dhaula Kuan;, Tehsil Paonta Sahib, District Sirmour, Himachal Pradesh, as such, her presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending her in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that till the next date of hearing, the petitioner shall be released on bail in the aforementioned FIR on her furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to following conditions:
(i). The petitioner is directed to join the investigation on
29.10.2024 at 11:00 am at Police Station Majra, District Sirmour, H.P. She will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Snowflake Education Society and anr. vs. Raman Khanna Civil Revision No.96 of 2023 28.10.2024 Present: Mr. Manish Kansra, Advocate, vice Mr. Anuj Gupta, Advocate, for the petitioner.
Mr. Ajay Kumar Sood, Senior Advocate with Mr. Rohit, Advocate, for the respondent.
At the request of learned counsel for the petitioner, list on 05.11.2024.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
M.C. Shimla vs. M/s Akar Enterprises Civil Revision No.80 of 2020 28.10.2024 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Balwant Kukreja, Advocate, for the respondent. At the request of learned counsel for the petitioner, list on 04.12.2024.
Henceforth, name of Mr. Mukul Sood, Advocate be reflected in the cause list as counsel for the petitioner in place of Mr. Naresh K. Gupta, Advocate.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Ritu Rana vs. Anil Kumar Gupta
Civil Revision No.73 of 2020
28.10.2024 Present: Mr. S.C. Sharma, Senior Advocate with Dr. Ravi Patiyal, Advocate, for the petitioner.
Mr. Nishant Khidtta, Advocate, for the respondent. Learned counsel for the parties intend to place on record the exact quantum of rent payable by the petitioner to the respondent in the facts and circumstances of the case at hand.
List on 22.11.2024.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Rajinder Kumar vs. Chaya Devi and others Civil Revision No.2 of 2016 a/w Civil Revision No.27 of 2021 Civil Revision No.2 of 2016 28.10.2024 Present: Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioner.
Mr. Ajay Kumar Sood, Senior Advocate with Mr. Rohit, Advocate, for respondents No.1 to 4.
Mr. Atul G. Sood, Advocate, for respondents No.5 to 7. Mr. Tek Chand Sharma, Advocate, for the applicant in CMP No.4708 of 2024.
Civil Revision No.27 of 2021 Mr. Ajay Kumar Sood, Senior Advocate with Mr. Rohit, Advocate, for the petitioner.
Mr. Atul G. Sood, Advocate, for the respondents. At the joint request of learned counsel for the parties, list on 12.11.2024.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Raju Ram vs. Parvesh Kumar and another with connected matter Cr. Revision No.269 of 2023 a/w Cr. Revision No.270 of 2023 28.10.2024 Present: Mr. Dheeraj K. Vashisht, Advocate, for the petitioner(s).
Mr. Neeraj Maniktala, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr. Revision Nos.269 & 270 of 2023 Learned counsel for the petitioner(s), under instructions from the petitioner(s), submits that balance compensation amount in terms of previous order shall be deposited on or before the next date of hearing before the Registry of this Court.
Other than the aforesaid, learned counsel for the petitioner(s), submits that in order to get the offence compounded, 15% of the cheque amount shall be deposited before the H.P. State Legal Services Authority in terms of the decision of the Apex Court in Damodar S. Prabhu versus Sayed Babalal H., (2010) 5 SCC 663, on or before the next date of hearing.
List on 03.12.2024.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Abhinash Singh vs. State of HP and others Cr.MMO No.1045 of 2024 28.10.2024 Present: Mr. Vijay Kumar, Advocate, vice Mr. Sanjeev Kumar Suri, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 3/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3 and seeks time to file reply/status report. On taking steps within three days, issue notice to respondent No.4, returnable for 30.11.2024.
List on 30.11.2024. In the meanwhile, status report be filed by the respondent/State.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Nikesh Kumar vs. State of HP and others Cr.MMO No.1043 of 2024 28.10.2024 Present: Mr. Prashant Chauhan, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondents No.2 and 3. Notice. Mr. B.N. Sharma, learned Additional Advocate General and Mr. Balram Sharma, learned Deputy Solicitor General of India, appear and waive service of notice on behalf of respondent No.1 and respondents No.2 & 3, respectively and seek time to file reply/status report.
List on 21.11.2024, on which date, parties shall personally remain present before the Court. In the meanwhile, status report be filed by the respondent/State.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Nikesh Kumar vs. State of HP and others Cr.MMO No.1049 of 2024 28.10.2024 Present: Mr. Prashant Chauhan, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondents No.2 and 3. Notice. Mr. B.N. Sharma, learned Additional Advocate General and Mr. Balram Sharma, learned Deputy Solicitor General of India, appear and waive service of notice on behalf of respondent No.1 and respondents No.2 & 3, respectively and seek time to file reply/status report.
List on 21.11.2024, on which date, parties shall personally remain present before the Court. In the meanwhile, status report be filed by the respondent/State.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Nikesh Kumar vs. State of HP and others Cr.MMO No.1042 of 2024 28.10.2024 Present: Mr. Prashant Chauhan, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondents No.2 and 3. Notice. Mr. B.N. Sharma, learned Additional Advocate General and Mr. Balram Sharma, learned Deputy Solicitor General of India, appear and waive service of notice on behalf of respondent No.1 and respondents No.2 & 3, respectively and seek time to file reply/status report.
List on 21.11.2024, on which date, parties shall personally remain present before the Court. In the meanwhile, status report be filed by the respondent/State.
( Bipin C. Negi )
October 28, 2024 (KS) Judge
Devinder Singh Chauhan vs. Anupal Chauhan Cr. Revision No.363 of 2024 24.10.2024 Present: Mr. Dinender Panwar, Advocate, for the petitioner.
Ms. Seema Ajad, Advocate, vice Mr. Lakshay Thakur, Advocate, for the respondent.
Cr.MP No.2363/2024 Further time prayed for complying with order dated 28.06.2024.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Dr. Gauri Nakra vs. State of HP and others CWP No.8990 of 2024 24.10.2024 Present: Mr. Bhuvnesh Sharma, Senior Advocate with Mr. Parav Sharma, Shekhar Badola and Ms. Vishali Lakhanpal, Advocates, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
List on 30.10.2024.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Roshan Lal vs. State of HP and another CMPMO No.141 of 2024 24.10.2024 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
At the request of learned counsel for the petitioner, list after four weeks.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Chander Shekhar Banta vs. Padam Dass and others CMPMO No.27 of 2024 24.10.2024 Present: Mr. Kuldeep Chandel, Advocate, vice Mr. Sumit Sood, Advocate, for the petitioner.
Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the respondents.
At the request of learned counsel for the petitioner, list after three weeks.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Amit Batra vs. State of HP and another Cr.MMO No.574 of 2023 24.10.2024 Present: Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Shubham Sharma, Advocate, for respondent No.2. At the request of learned counsel for the petitioner, list after four weeks.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Patel Engineering Limited and another vs. Gian Prakash CMPMO No.618 of 2024 24.10.2024 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Learned counsel for the petitioners seeks time to amend the relief clause in the main petition.
Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Om Prakash vs. Saroj Bala and others
CMPMO No.444 of 2023
24.10.2024 Present: Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Ramakant Sharma, Advocate, for the respondents. At the request of learned counsel for the petitioner, list on 28.10.2024.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Kulbhushan Raj and another vs. State of HP and another Cr.MMO No.496 of 2022 24.10.2024 Present: Mr. Anuj Bali, Advocate, vice Mr. Ajay Kumar, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Narender Guleria, Advocate, for respondent No.2. Learned counsel for the parties seek time to ascertain the status of the trial pending before the Court below.
As prayed, list on 13.11.2024.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Suresh Kumar and others vs. Santosh and others Civil Revision No.206 of 2022 24.10.2024 Present: Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the petitioners.
Mr. Pranshul Sharma, Advocate, for respondent No.1. Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.2.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
Learned counsel appearing on behalf of respondent No.1 seeks further time to prepare the matter. On his request, list after four weeks.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Vivek Ummat vs. Surinder Kaur a/w connected matter Civil Revision No.32 of 2022 a/w Civil Revision No.33 of 2022 24.10.2024 Present: Mr. Deepak Gupta, Advocate, for the petitioner, in both the petitions.
Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the respondents, in both the petitions. At the request of learned counsel for the petitioner, list on 07.11.2024.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Rajneesh vs. Rahul Gautam and another Cr.MMO No.423 of 2021 24.10.2024 Present: Mr. Ashwani Dhiman, Advocate, for the petitioner.
Mr. Abhyuday, Advocate, vice Mr. Sative Chauhan, Advocate, for respondent No.1.
None for respondent No.2.
The question which arises for consideration has been noted in order dated 21.05.2024. The documents and the judgment, on which reliance is being placed by the petitioner, have also been dealt with in the said order.
Learned vice counsel appearing on behalf of respondent No.1 submits that on account of personal difficulty, original counsel is unavailable today.
As prayed, list the matter for consideration on 18.11.2024.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
State of Himachal Pradesh vs. Ajay Sharma and another Cr.MP(M) No.2042 of 2020 24.10.2024 Present: Mr. R.S. Verma, Additional Advocate General, for the applicant/ appellant-State.
In terms of previous order dated 24.04.2024, report qua properties belonging to the accused, namely Ajay Sharma and Sheela Wati, has been filed by the Superintendent of Police, Solan, District Solan, Himachal Pradesh.
From perusal of the same, it is evident that there exits no movable or immovable property in the names of the accused.
Since the accused have already been declared proclaimed offenders, in view thereof, present proceedings are adjourned sine die.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Pankaj Mankotia vs. State of Himachal Pradesh and others Cr.MMO No.1033 of 2024 24.10.2024 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, list after one week.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Joginder Pal vs. State of Himachal Pradesh Cr.MP(M) No.2351 of 2024 24.10.2024 Present: Mr. Surya Chauhan, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted three weeks' time to file status report.
List on 20.11.2024, on which date, respondent/ State shall also file Status report.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Parveen Kumar vs. State of Himachal Pradesh Cr.MP(M) No.2349 of 2024 24.10.2024 Present: Mr. Anirudh Sharma, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted three weeks' time to file status report.
List on 19.11.2024, on which date, respondent/ State shall also file Status report.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Shubham Kumar vs. State of Himachal Pradesh and others Cr. MMO No.1037 of 2024 24.10.2024 Present: Mr. R.L. Verma, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Mr. Ajay Thakur, Advocate, for respondents No.2 and 3. Cr.MMO No.1037/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General and Mr. Ajay Thakur, learned counsel, appear and waive service of notice on behalf of respondent No.1 and respondents No.2 & 3, respectively and seek time to file reply/status report.
List on 29.10.2024, on which date, parties shall personally remain present before the Court. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4347/2024
Learned counsel for the petitioner states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.4346/2024 Allowed and the applicant is exempted from filing true typed English translation of Annexure P-1, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Munish Gupta vs. State of Himachal Pradesh and another Cr. MMO No.1035 of 2024 24.10.2024 Present: Mr. Anil Jaswal, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1031/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks.
List after four weeks. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4343/2024
Learned counsel for the petitioner states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.4344/2024 Allowed and the applicant is exempted from filing true typed English translation of Annexure P-1, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Main Pal and others vs. State of Himachal Pradesh and another Cr. MMO No.1031 of 2024 24.10.2024 Present: Mr. Ashwani Kaundal, Advocate, for the petitioners.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1031/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks.
List after four weeks. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4331/2024
Learned counsel for the petitioners states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.4333/2024 Allowed and the applicants are exempted from filing true typed English translation of Annexure P-1, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Ajay Kumar and others vs. State of Himachal Pradesh and another Cr. MMO No.1029 of 2024 24.10.2024 Present: Mr. Ganesh Barowalia, Advocate, for the petitioners.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1029/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks.
List after four weeks. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4326/2024
Learned counsel for the petitioners states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.4327/2024 Allowed and the applicants are exempted from filing true typed English translation of Annexure P-1, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Rajinder Singh vs. State of Himachal Pradesh and another Cr. MMO No.1027 of 2024 24.10.2024 Present: Mr. Rajat Kumar, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1027/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks.
List after four weeks. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4322/2024
Learned counsel for the petitioner states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.4321/2024 Allowed and the applicant is exempted from filing true typed English translation of the document(s), in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Chet Ram vs. Golf Link Finance and Resorts Pvt. Ltd. Cr. Revision No.681 of 2024 24.10.2024 Present: Mr. Bunesh Pal, Advocate, for the petitioner.
Ms. Seema K. Guleria, Advocate, for the respondent. Cr. Revision No.681/2024 Notice. Ms. Seema K. Guleria, learned counsel, appears and waives service of notice on behalf of the respondent.
List after four weeks. Records be called for. Cr.MP No.4329/2024 The applicant-petitioner has preferred the present petition against the judgment of conviction and order of sentence dated 30.04.2024, passed by learned Additional Chief Judicial Magistrate, Court No.1, Shimla, District Shimla, H.P. (hereinafter referred to as 'the trial Court'), in Criminal case No.35-3 of 2016, titled Golf Link Finance and Resorts Pvt. Ltd. vs. Chet Ram, and affirmed by learned Sessions Judge, Shimla, District Shimla, H.P. in Criminal Appeal No. 47-S/10 of 2024, titled Chet Ram vs. Golf Link Finance and Resorts Pvt. Ltd., decided on 12.08.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he -2- will immediately surrender before the learned trial Court to receive the sentence.
A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
Cr.MP No.4330/2024 Allowed and the applicant is exempted from filing the certified copy of the trial Court Judgment, at this stage, subject to filing of the same on or before the next date of hearing.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Poonam vs. Punjab National Bank
Cr. Revision No.679 of 2024
24.10.2024 Present: Mr. Dibender Ghosh, Advocate, for the petitioner.
Mr. Sanjay Dalmia, Advocate, for the respondent. Cr. Revision No.679/2024 Notice. Mr. Sanjay Dalmia, learned counsel, appears and waives service of notice on behalf of the respondent.
List after four weeks. Records be called for. Cr.MP No.4315/2024 The applicant-petitioner has preferred the present petition against the judgment of conviction dated 01.04.2024 and order of sentence dated 05.04.2024, passed by learned Additional Chief Judicial Magistrate, Court No.1, Shimla, District Shimla, H.P. (hereinafter referred to as 'the trial Court'), in Criminal case (CIS) No.191/2019, titled Punjab National Bank vs. Poonam, and affirmed by learned Sessions Judge, Shimla, District Shimla, H.P. in Criminal Appeal No. 37-S/10 of 2024, titled Poonam vs. Punjab National Bank, decided on 23.07.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal -2- of the revision petition, she will immediately surrender before the learned trial Court to receive the sentence.
A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
Cr.MP No.4316/2024 Allowed and the applicant is exempted from filing the certified copy of the trial Court Judgment, at this stage, subject to filing of the same on or before the next date of hearing.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Shiv Shankar vs. State of Himachal Pradesh and another Cr.MMO No.1021 of 2024 24.10.2024 Present: Mr. Bhawna Sharma, Advocate, vice Ms. Shabnam, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1021/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks.
List after four weeks. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4294/2024
Allowed and the applicant is exempted from filing true typed English translated copy of Annexure P-1, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Shaul Borov vs. State of Himachal Pradesh Cr.MMO No.1020 of 2024 24.10.2024 Present: Mr. Sanjay Kumar Sharma and Mr. Kartar Singh Pandeer, Advocates, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent and seeks time to file reply/status report.
List on 07.11.2024. In the meanwhile, status report be filed by the respondent/State.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Himachal Pradesh Minorities Finance & Development Corporation vs. Shamshad Begum Cr. MMO No.1019 of 2024 24.10.2024 Present: Mr. Mohar Chand Bhardwaj, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, list after two weeks.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Khush Nihal vs. State of HP and another Cr. MMO No.1018 of 2024 24.10.2024 Present: Mr. Vipin Pandit, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1018/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks.
List after four weeks. In the meanwhile, status report be filed by the respondent/State.
Cr.MP No.4293/2024
Allowed and the applicant is exempted from filing true typed English translated copy of Annexure P-1, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge1018
Ruhana Shekh vs. Kalsum Akhtar and others Cr. Revision No.673 of 2024 24.10.2024 Present: Mr. Sagar Chhabra, Advocate, vice Mr. Sahil Malhotra, Advocate, for the petitioner.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Naresh Kumar vs. Gusain Ram and another Cr. Revision No.423 of 2024 24.10.2024 Present: Mr. Nand Lal Thakur, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.2/State.
Cr. Revision No.423/2024 Notice. Mr. R.S. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. On taking steps within three days, issue notice to respondent No.1, returnable within four weeks.
List after four weeks. Records be called for. Cr.MP No.2742/2024 The applicant-petitioner has preferred the present petition against the judgment of conviction and order of sentence dated 30.01.2024, passed by learned Judicial Magistrate First Class, Chachiot at Gohar, District Mandi, H.P. (hereinafter referred to as 'the trial Court'), in Criminal case No.165/2021, titled Gusain Ram vs. Naresh Kumar, and affirmed by learned Sessions Judge, Mandi, Division Mandi, H.P. in Criminal Appeal No. 53 of 2024, titled Naresh Kumar vs. Gusain Ram and another, decided on 03.06.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial -2- Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he will immediately surrender before the learned trial Court to receive the sentence.
A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
( Bipin C. Negi )
October 24, 2024 (KS) Judge
Dalip Singh Thakur vs. Sanjeev Kumar Cr. Revision No.483 of 2024 23.10.2024 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
None for the respondent.
Despite repeated calls, there is no appearance on behalf of the respondent. In the interest of justice, list after four weeks. In the meanwhile, power of attorney on behalf of the respondent be filed.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Moti Ram vs. Union of India and others CMPMO No.476 of 2024 23.10.2024 Present: Mr. Lokesh Thakur, Advocate, vice Mr. G.R. Palsra, Advocate, for the petitioner.
Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondent No.1. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.2 and 3/State.
Rejoinder, as prayed, be filed within four weeks. List thereafter.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Vineet Chauhan vs. State of Himachal Pradesh Cr.MMO No.425 of 2024 23.10.2024 Present: Ms. Tim Saran, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Rejoinder, as prayed, be filed within two weeks. List thereafter.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
State of Himachal Pradesh vs. Karam Chand Cr. Appeal No.363 of 2024 23.10.2024 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the appellant/State.
Mr. Paras Ram, Advocate, for the respondent. Learned counsel for the respondent intends to go through the record.
As prayed, list after four weeks.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Gyaru Ram vs. Prem Singh
Cr. Revision No.226 of 2024
23.10.2024 Present: Mr. Ajay Kumar Dhiman, Advocate, for the petitioner.
Mr. Aman Hansretta, Advocate, for the respondent. In pursuance to order dated 20.04.2024, 30% of the compensation amount has not been deposited till date. Further time prayed for depositing the aforesaid amount.
Let the needful be done within two weeks. It is made clear that if the aforesaid amount is not deposited within two weeks, then the interim protection granted vide order dated 20.04.2024 shall automatically stand vacated without further reference to this Court and the respondent shall be free to initiate appropriate execution proceedings.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Anil Kumar Rana Vs. Shashi Pal
Cr. Revision No.186 of 2024
23.10.2024 Present: Mr. Nitin Rishi, Advocate, vice Mr. Suresh Kumar, Advocate, for the petitioner.
Mr. K.B. Khajuria, Advocate, for the respondent. Adjournment is sought by learned vice counsel appearing on behalf of the petitioner on account of non-availability of the original counsel.
As prayed, list after three weeks.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Inder Singh and another vs. Neem Chand and another CMPMO No.129 of 2024 23.10.2024 Present: Ms. Seema K. Guleria, Advocate, for the petitioners.
Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for respondent No.1.
List after four weeks.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Kundan Singh vs. Pancha Ram and another CMPMO No.123 of 2024 23.10.2024 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh, Advocate, for the petitioner.
Respondent No.1 is stated to have expired. Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondent No.2.
Learned Senior Advocates appearing on behalf of the parties submit that there is a possibility of an amicable settlement between the parties and the matter be referred to the mediation.
On the request of learned Senior Counsel for the parties, the matter is sent for mediation. With the consent of the learned counsel for the parties, Mr. N.K. Sood, learned Senior Advocate, is appointed as Mediator in this matter.
Parties, through their counsels, are directed to appear before the learned Mediator on 05.11.2024 at 11:30 a.m. in the Main Mediation Centre, H.P. High Court. The official Coordinator, High Court Main Mediation Centre shall render all assistance to learned Mediator.
Registry is directed to make available the complete record to the learned Mediator.
Learned Mediator is requested to submit his report on or before the next date of hearing. Put up with the report of learned Mediator on 13.12.2024.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Rajesh vs. Babu Ram (deceased) through LRs. Civil Revision No.118 of 2024 23.10.2024 Present: Mr. Y.P. Sood, Advocate, for the petitioner.
Ms. Divya Verma, Advocate, vice Mr. Yash Sharma, Advocate, for the respondents.
Civil Revision No.118/2024 & CMP No.17018/2024 Ms. Divya Verma, learned vice counsel has filed memo of appearance on behalf of the respondents. She seeks time to file power of attorney and reply to the application (CMP No.17018/2024).
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Simro Devi vs. Bir Singh and others a/w connected matters CMPMO No.103 of 2024 a/w CMPMO Nos.106 & 107 of 2024 23.10.2024 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the petitioner(s), in all the petitions. Mr. Vishwas Kaushal, Advocate, for the respondent(s), in all the petitions.
Learned counsel appearing on behalf of the respondent(s) seeks time to file fresh power of attorney as the original counsel has now been designated as Senior Advocate. Prayer not opposed.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Shiva Mata (Hindu Godess) and another vs. Tulsi Ram and another CMPMO No.18 of 2024 23.10.2024 Present: Mr. Varun Rana, Advocate, for the petitioner.
Mr. Desh Raj Thakur, Advocate, for the respondent. Rejoinder be filed within four weeks. List thereafter.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Kamla Devi vs. Kiran Kumari
CMPMO No.708 of 2023
23.10.2024 Present: Mr. Prashant Chauhan, Advocate, vice Mr. Satpal Chauhan, Advocate, for the petitioner.
Mr. Lovneesh Singh Thakur, Advocate, for the respondent. Further time prayed for filing reply. Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Tilak Raj vs. State of HP and another
Cr.MMO No.689 of 2023
23.10.2024 Present: Mr. Shivam Sharma, Advocate, vice Mr. Ganesh Barowalia, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Ms. Tamanna, Advocate, vice Mr. Arush Matlotia, Advocate, for respondent No.2.
Adjournment is sought by learned vice counsel appearing on behalf of the petitioner on account of non-availability of the original counsel.
As prayed, list after four weeks.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Bodh Raj vs. Veer Sen
Cr. Revision No.644 of 2023
23.10.2024 Present: Mr. J.R. Poswal, Advocate, for the petitioner.
Mr. Vinod Chauhan, Advocate, for the respondent. Learned counsel for the petitioner intends to go through the record. Prayer not opposed.
List after three weeks. In the meanwhile, in pursuance to order dated 07.05.2024, balance amount of Rs.14,000/- be deposited.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Ram Singh vs. Central Bureau of Investigation, Shimla Cr. Revision No.467 of 2023 23.10.2024 Present: Mr. Priyanka Chandel, Advocate, vice Mr. Dhiraj Thakur, Advocate, for the petitioner.
Mr. K.S. Thakur, Senior Advocate with Mr. Ashok Kumar Verma, Advocate, for the respondent.
Learned vice counsel appearing on behalf of the petitioner submits that the petitioner intends to engage a Senior Counsel to argue the matter. Time, as prayed, is allowed.
List after four weeks along with Criminal Revision Nos.464 and 465 of 2023.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Guman Singh vs. State of HP and others Cr. MMO No.784 of 2022 23.10.2024 Present: Mr. Manoj Sharma, Advocate, vice Mr. Ajay Kumar, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 to 3/State.
Mr. Vinod Chauhan, Advocate, for respondent No.4. Learned vice counsel appearing on behalf of the petitioner submits that the arguing counsel is unavailable today and hence prays for an adjournment. Prayer not opposed.
List after four weeks.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Uttam Chand (since deceased) and others vs. Anil Kumar and others a/w connected matter Civil Revision No.111 of 2022 a/w Civil Revision No.105 of 2022 23.10.2024 Present: Ms. Kavita Kajal, Advocate, vice Mr. Atharv Sharma, Advocate, for the petitioners, in both the petitions. Mr. Surinder Saklani, Advocate, for the respondents, in both the petitions.
At the joint request of learned counsel for the parties, list after four weeks.
( Bipin C. Negi )
October 23, 2024 (KS) Judge
Pankaj Thakur vs. State of HP and others Cr. MMO No.834 of 2024 22.10.2024 Present: Mr. Yug Singhal and Mr. Hitender Kumar Verma, Advocates, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Ms. Ananya Sharma, Advocate, for respondents No.2 and 3. Learned counsel appearing on behalf of the petitioner has placed on record Legal Heir Certificate as was directed vide previous order. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the respondents.
From perusal of the Legal Heir Certificate, it is evident that Smt. Sureshtha Devi (respondent No.3) is the only surviving legal heir of the deceased, in the case at hand.
Vide separate judgment of the even date placed on the file, present petition stands disposed of, so also, pending miscellaneous application(s), if any.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Rohit Mahajan and others vs. State of HP and another Cr. MMO No.756 of 2024 22.10.2024 Present: Mr. Arvind Sharma, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Notice, at this stage, confined to respondent No.1 only. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1 and seeks time to file reply/status report. In the interest of justice, no notice is being issued to respondent No.2, at this stage.
List on 27.11.2024.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Prakash Chauhan vs. Ram Lal Sharma
Cr. Revision No.261 of 2024
22.10.2024 Present: Mr. R.S. Chandel, Advocate, for the petitioner. Cr. Revision No.261/2024
On taking steps within three days, issue notice to the respondent, returnable within four weeks. Cr.MP No.1505/2024
The applicant-petitioner has preferred the present petition against the judgment of conviction dated 21.12.2022 and order of sentence dated 31.12.2022, passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter referred to as 'the trial Court'), in Criminal case No.100-3 of 2019, titled Ram Lal Sharma vs. Prakash Chauhan, and affirmed by learned Additional Sessions Judge-II, Shimla, District Shimla, H.P. in Criminal Appeal No. 36-S/10 of 2023, titled Prakash Chauhan vs. Ram Lal Sharma, decided on 11.01.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the entire compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he will immediately surrender before the learned trial Court to receive the sentence. A copy of this order be sent to the -2- learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
Cr.MP No.1506/2024 The application is disposed of with a direction to the applicant/petitioner to file certified copy of the judgment in question within four weeks.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Ashok Kimta vs. Devinder Singh
Cr. Revision No.407 of 2024
22.10.2024 Present: Mr. Sanjay Ranta, Advocate, vice Mr. Pawan Kumar Sharma, Advocate, for the petitioner.
Mr. Jeevesh Sharma, Advocate, for the respondent. Record stands received. Learned counsel for the parties intend to go through the same.
List for consideration, at admission stage, on 26.11.2024.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Rashpal Singh vs. Nichu Ram Jilta
Cr. Revision No.604 of 2023
22.10.2024 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Ms. Shivani, Advocate, vice Mr. D.S. Nainta, Advocate, for the respondent.
Learned counsel for the parties intend to go thorough the records. List for consideration after four weeks.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Prem Chand vs. UCO Bank
Cr. Revision No.230 of 2023
22.10.2024 Present: Mr. Servedaman Rathore, Advocate, for the petitioner.
None for the respondent.
Learned counsel for the petitioner submits that till date, an amount of Rs.1,70,000/- stands deposited against the compensation amount of Rs.2,00,000/- awarded by the Courts below. Learned counsel further submits that the balance amount shall be deposited on or before the next date of hearing.
List on 25.11.2024. In the meanwhile, on taking steps within three days, issue notice to the respondent, returnable for 25.11.2024.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Rohit Chaudhary vs. State of HP and others Cr.MMO No.975 of 2024 22.10.2024 Present: Mr. Naveen K. Bhardwaj, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
As prayed, list next week.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Ankush Mehta alias Rinku vs. State of HP Cr.MMO No.743 of 2024 22.10.2024 Present: Ms. Mamta K. Bhatwan, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Rejoinder, if any, be filed within two weeks. List thereafter.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Khushinder Singh vs. Ambal Khan
Cr. Revision No.555 of 2024
22.10.2024 Present: Mr. Kuldeep Singh Chandel, Advocate, for the petitioner.
Mr. Dinesh Bhanot, Advocate, for the respondent. Further time prayed for compliance of previous order dated 02.09.2024.
Let the needful be done on or before the next date of hearing. List on 29.11.2024. It is made clear that no further time for doing the needful shall be accorded to the petitioner.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Khushinder Singh vs. Ambal Khan
Cr. Revision No.554 of 2024
22.10.2024 Present: Mr. Kuldeep Singh Chandel, Advocate, for the petitioner.
Mr. Dinesh Bhanot, Advocate, for the respondent. Further time prayed for compliance of previous order dated 02.09.2024.
Let the needful be done on or before the next date of hearing. List on 29.11.2024. It is made clear that no further time for doing the needful shall be accorded to the petitioner.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Shashi vs. Tilak Raj
CMPMO No.506 of 2024
22.10.2024 Present: Mr. Ajay Sipahiya and Mr. Prashant Sharma, Advocates, for the petitioner.
CMPMO No. 506 of 2024 Let fresh steps for effecting service upon the respondent be taken within three days. On taking such steps, issue notice to the respondent, returnable within four weeks. CMP No.15177/2024
Keeping in view the fact that the proceedings, of which, transfer is being sought, is pending adjudication before learned Additional Principal Judge, Family Court, Chamba, District Chamba, H.P. and the fact that the present applicant resides in Hamirpur, there is a considerable expense to be incurred on attending the said proceedings by the present applicant as it is not possible to travel from Hamirpur to Chamba and return to Hamirpur on the very same day.
Other than the aforesaid, two minor daughters out of the wedlock of the parties are to be maintained by the present applicant and the fact that the applicant financially is dependent upon her parents, is prima facie sufficient to stay the proceedings.
In the aforesaid facts and attending circumstances of the case, balance of convenience lies in favour of the present applicant. Grave irreparable loss would be caused to the applicant, which cannot be compensated in terms of money, if in case further proceedings are not stayed.
In view of above, proceedings pending before learned Additional Principal Judge, Family Court, Chamba, District -2- Chamba, H.P., in H.M. Misc. Petition No.66 of 2024, titled Tilak Raj vs. Shashi, shall remain stayed during the pendency of the petition.
Application stands disposed of.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Shivam Kumar and others vs. Med Ram and others CMPMO No.503 of 2024 22.10.2024 Present: Ms. Heena Chauhan, Advocate, for the petitioners.
Mr. Hari Om Prakash, Advocate, for respondents No.1 & 2. Proforma respondents No.3 to 8, though served, but none has put in appearance on their behalf. Hence, they are proceeded against ex parte.
The present petition has been filed, feeling aggrieved by the impugned order dated 29.06.2024, passed by learned Additional District Judge (CBI), Shimla in CMP No.114-S/6 of 2023, whereby, an application under Section 5 of the Limitation Act, seeking condonation of delay in filing the appeal against the judgment and decree dated 29.08.2023, passed by learned Senior Civil Judge, Court No.1, Shimla, H.P., in case No.59-1 of 2018/11, has been dismissed.
Learned counsel appearing on behalf of the respondents submits that in terms of law laid down by the Apex Court in Shyam Sunder Sharma vs. Pannalal Jaiswal and others, AIR 2005 SCC 226, the position that emerges is that an appeal filed along with application for condonation of delay in filing the appeal, when dismissed on refusal to condone the delay, is nevertheless the decision in the appeal.
Hence, according to learned counsel for the petitioners, in the case at hand, a regular second appeal ought to have been preferred, rather than a petition under Article 227 of the Constitution of India.
Faced with the aforesaid situation, learned counsel for the petitioner seeks time to have instructions.
As prayed, list the matter on 28.10.2024.
( Bipin C. Negi ) October 22, 2024 (KS) Judge Ved Prakash vs. Digvijay Singh Criminal Appeal No.401 of 2024 22.10.2024 Present: Ms. Deepmala, Advocate, vice Mr. Lakshay Thakur, Advocate, for the appellant.
Mr. Jeevesh Thakur, Advocate, for the respondent. Learned counsel appearing on behalf of the parties intend to go through the record.
As prayed, list after four weeks.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Manju Pant vs. Babu Ram
CMPMO No.294 of 2024
22.10.2024 Present: Ms. Kiran Sharma, Advocate, for the petitioner.
Mr. Rahul Verma, Advocate, vice Mr. Sanket Sankhyan, Advocate, for the respondent.
Pleadings, in the case at hand, are complete. List for consideration on 26.10.2024.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Keshav Ram vs. Land Acquisition Collector, Koldam, Bilaspur and another CMPMO No.219 of 2024 22.10.2024 Present: Mr. Ashir Kaith, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Rajat Kumar, Advocate, vice Mr. Ramesh Sharma, Advocate, for respondent No.2.
Learned vice counsel appearing on behalf of the petitioner submits that similar matters are pending adjudication before the other Co-ordinate Benches and in this view of the matter, the petitioner intends to file an appropriate application for consolidation of these matters. Time prayed for moving an appropriate application in this respect.
Let the needful be done on or before the next date of hearing. List after four weeks.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Shaukat Ali and another vs. State of Himachal Pradesh Cr. Appeal No.207 of 2024 22.10.2024 Present: Mr. C.D. Negi, Advocate, for the appellants.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Admit.
Call for the records.
List for hearing in due course.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Bhagat Ram vs. Utmani and another
Cr. Revision No.194 of 2024
22.10.2024 Present: Mr. H.S. Rangra, Advocate, for the petitioner.
Ms Rinki Kashmiri, Advocate, vice Mr. Praveen Hasta, Advocate, for the respondents.
At the request of learned vice counsel appearing on behalf of the respondents, list on 27.11.2024.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Ravinder Singh Thapa vs. Baldev Singh Thapa CMPMO No.191 of 2024 22.10.2024 Present: Ms. Kavita Kajal, Advocate, vice Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. V.S. Rathore, Advocate, for the respondent. At the request of learned vice counsel appearing on behalf of the petitioner, list after four weeks. In the meanwhile, power of attorney on behalf of the respondent be also filed.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Sandeep Kumar and others vs. State of HP and others Cr.MMO No.1145 of 2023 22.10.2024 Present: Mr. Vaibhav Kanwar, Advocate, vice Ms. Shradha Karol, Advocate, for the petitioners.
Mr. R.S. Verma, Additional Advocate General, for respondents No.1 & 2/State.
Respondent No.3/complaint present in person. Pleadings, in the case at hand, are complete. List for consideration, on 20.11.2024.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Avtar Singh Walia vs. State of HP and another Cr.MMO No.1008 of 2023 22.10.2024 Present: Mr. Dheeraj Kumar Verma, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Mr. S.D. Gill, Advocate, for respondent No.2. Learned Additional Advocate General submits before the trial Court, recording of evidence has started. He intends to place on record status qua recording of evidence before the trial Court.
Let the needful be done on or before the next date of hearing. List after three weeks.
( Bipin C. Negi )
October 22, 2024 (KS) Judge
Kewal Krishan Indoria vs. State of HP and others Cr.MMO No.917 of 20222 21.10.2024 Present: Ms. Swati Sharma, Advocate, vice Mr. Vivek Sharma, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Learned vice counsel appearing on behalf of the petitioner submits that they have lost their brief and that they intend to reconstruct the file.
Time, as prayed, is allowed. List after four weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Kamla Devi vs. Golf Link Finance & Resorts Pvt. Ltd.
Criminal Revision No.640 of 2024 21.10.2024 Present: Mr. Harish Kumar, Advocate, vice Mr. G.R. Palsra, Advocate, for the petitioner.
Ms. Seema K. Guleria, Advocate, for the respondent. Cr.MP No.4225/2024 Reply, as prayed, be filed within four weeks. List thereafter.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Balasubramanian Anantharaman vs. State of HP Cr.MMO No.608 of 2024 21.10.2024 Present: Mr. Devender K. Sharma, Advocate, vice Mr. C.N. Singh, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Pleadings are complete.
At the request of learned counsel for the petitioner, list for consideration on 18.11.2024.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Rakesh Kumar vs. Rakesh Kumar and another Cr. Revision No.558 of 2024 21.10.2024 Present: Ms. Komal Chaudhary, Advocate, for the petitioner.
Mr. Chandresh Pal Singh, Advocate, vice Mr. Lovneesh Singh Thakur, Advocate, for respondent No.1.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.3573/2024 No reply is intended to be filed on behalf of the non- applicants.
Learned counsel for the petitioner submits that order dated 02.09.2024 stands complied with as 30% of the compensation amount stands deposited and bail bonds stand furnished.
In view of above, present application is allowed and order dated 02.09.2024 is made absolute. Application stands disposed of.
Cr. Revision No.558/2024
List for consideration after four weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Subhash vs. State of HP and others a/w connected matter CMPMO No.400 of 2024 a/w CMPMO No.401 of 2024 21.10.2024 Present: Mr. N.K. Thakur, Senior Advocate with Mr. Karan Veer Singh, Advocate, for the petitioner(s), in both the petitions. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 & 3/State, in both the petitions. Ms. Lalita Sharma, Advocate, vice Mr. Vijay Kumar Arora, Advocate, for respondents No.2, 4 & 5, in both the petitions. Reply is stated to have been filed on behalf of respondents No.2, 4 & 5. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing after removal of objection(s), if any.
List after two weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Rishabh Srivastava vs. State of HP and another Cr.MMO No.361 of 2024 21.10.2024 Present: Mr. V.S. Chauhan, Senior Advocate with Mr. Anirudh Sharma, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Ms. Ritu Raj Sharma, Advocate, for respondent No.2. Further time prayed for filing reply on behalf of respondent No.2. Let the needful be done within three weeks. Rejoinder thereto be filed within a period of one week thereafter.
List after four weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Rishabh Srivastava vs. State of HP and another Cr.MMO No.361 of 2024 21.10.2024 Present: Mr. V.S. Chauhan, Senior Advocate with Mr. Anirudh Sharma, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Ms. Ritu Raj Sharma, Advocate, for respondent No.2. Further time prayed for filing reply on behalf of respondent No.2. Let the needful be done within three weeks. Rejoinder thereto be filed within a period of one week thereafter.
List after four weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Geeta Devi vs. The Commissioner, M.C. Shima and others CMPMO No.347 of 2024 21.10.2024 Present: Mr. Ajay Kumar Sood, Senior Advocate with Mr. Chaman Negi, Advocate, for the petitioner.
Mr. Mukul Sood, Advocate, for respondent No.1. Mr. Ashok Kumar Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for respondents No.2 and 3. At the request of learned Senior Counsel appearing on behalf of the petitioner, list on 13.11.2024.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
State of HP vs. Sahab Ram
Cr.MP(M) No.1554 of 2024
21.10.2024 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the petitioner/State.
On taking steps within three days, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Gurcharan Singh vs. Reena Thakur
Cr.MP(M) No.626 of 2024
21.10.2024 Present: Mr. H.R. Bhardwaj, Advocate, for the petitioner.
None for the respondent.
Cr.MP(M) No.626 of 2024
Time for filing reply to the present application has been sought since 03.07.2024. However, no reply has been filed till date.
Other than the aforesaid and for the reasons stated in the application, the same is allowed. Leave to appeal is granted. The application stands disposed of.
Cr. Appeal No.______/2024 It be registered.
On taking steps within three days, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Naresh vs. Abhinay Jewellers
Cr. Revision No.323 of 2024
21.10.2024 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr. Munish Dhatwalia, Advocate, for the respondent. Learned counsel for the petitioner seeks time to file an appropriate application for compounding of offence.
Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Nain Parkash vs. Guddi Devi
Cr.MP(M) No.1666 of 2023
21.10.2024 Present: Mr. B.S. Attri, Advocate, for the petitioner.
Ms. Madhurika Sekhon, Advocate, for the respondent. Cr.MP No.4203/2024 No reply is intended to be filed on behalf of the non- applicant. Non applicant has no objection if in case the application for converting the present revision petition into a petition under Article 227 of the Constitution of India, is allowed.
Other than the aforesaid, converting the revision petition into a petition under Article 227 of the Constitution of India would help in adjudicating the matter in its entirety and the same would not cause any harm to the respondent.
For the reasons stated in the application, the same is allowed. The present revision petition is ordered to be converted into a petition under Article 227 of the Constitution of India. The application stands disposed of.
The Registry is directed to register the petition under Article 227 of the Constitution of India. Cr. MP(M) No.1666/2023
List after two weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Pawan Singh vs. State Bank of India
Cr. Revision No.489 of 2023
21.10.2024 Present: Ms. Tamanna Sharma, Advocate, vice Mr. Arush Matlotia, Advocate, for the petitioner.
Mr. Jai Ram Sharma, Advocate, for the respondent. Learned counsel appearing on behalf of the petitioner submits that order dated 14.06.2024 could not be complied with on account of the fact that the petitioner has met with an accident. Further time is prayed to deposit the amount before the H.P. State Legal Services Authority in terms of the decision of the Apex Court in Damodar S. Prabhu versus Sayed Babalal H., (2010) 5 SCC 663.
Let the needful be done on or before the next date of hearing. List on 13.11.2024.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Brij Bhushan vs. Rajiv Gupta
Civil Revision No.66 of 2018
21.10.2024 Present: Mr. Ashok Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for the petitioner.
Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh, Advocate, for the respondent.
Further two weeks' time prayed by learned counsel for the petitioner in order to negotiate with the respondent regarding use and occupation charges. Time, as prayed, is allowed.
List on 06.11.2024.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Kamla Devi (deceased) through LRs. vs. Sandhya and others a/w connected matter CR No.35 of 2006 a/w CR No.125 of 2008 CR No.35 of 2006 21.10.2024 Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh, Advocate, for respondents No.1(a), 1(b)(i) to 1(b)(iii), 1(c) to 1(f). CR No.125 of 2008 Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh, Advocate, for the petitioners.
Mr. Karan Singh Kanwar, Advocate, for respondent No.1(a). Learned counsel for the petitioner (CR No.35 of 2006) submits that amended memo of parties shall be filed during the course of the day.
List for consideration after two weeks.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Ritik vs. State of Himachal Pradesh
Cr.MP(M) No.2312 of 2024
21.10.2024 Present: Mr. K.B. Khajuria, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Mr. Harsh Sharol, Advocate, for the complainant. Head Constable No.1689, I/O Police Station, Chirgaon, District Shimla, H.P., is present along with record. Status report stands filed. The same is taken on record. Copies, whereof, have been supplied to learned counsel for the petitioner as well as complainant. Both, the accused and the complainant intend to go through the same and hence pray for time.
List on 05.11.2024. In the meanwhile, power of attorney be filed on behalf of the complainant.
Interim to continue.
( Bipin C. Negi )
October 21, 2024 (KS) Judge
Dinesh Sharma and another vs. Yogesh Sihta Cr. Revision No.670 of 2024 21.10.2024 Present: Mr. Ranvir Chauhan, Advocate, for the petitioners. Cr. Revision No.670/2024
On taking steps within three days, issue notice to the respondent, returnable within four weeks. Cr.MP No.4264/2024
The applicants-petitioner has preferred the present petition against the judgment of conviction and order of sentence dated 28.03.2024, passed by learned Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, H.P. (hereinafter referred to as 'the trial Court'), in Criminal case No.460-3 of 2021/2020, titled Yogesh Sihta vs. Dinesh Sharma and another and affirmed by learned Additional Sessions Judge, Rohru, District Shimla, H.P. in Criminal Appeal No. 33 of 2024, titled Dinesh Sharma and another vs. Yogesh Sihta, decided on 07.08.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the entire compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he will immediately surrender before the learned trial Court to receive the sentence. A copy of this order be sent to the -2- learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
( Bipin C. Negi )
October 21, 2024 (KS) Judge