Dinesh Chander Sharma vs State Of Hp on 4 May, 2019

[Cites 2, Cited by 1]

Himachal Pradesh High Court

Dinesh Chander Sharma vs State Of Hp on 4 May, 2019

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     Cr.MMO No. 89 of 2018
                                                     Decided on: 4.5.2019




                                                                           .

    Dinesh Chander Sharma                                                  ....Petitioner.
                      Versus





    State of HP                                                          ... Respondent.
    ................................................................................................

    Coram





    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1               No

    For the petitioner.                      : In person.


    For the respondent                       : Mr. Dinesh Thakur, Additional
                                              Advocate General with Mr. R.P. Singh
                                              Dy. Advocate General.



    Ajay Mohan Goel, J (Oral)

Heard. By way of this petition, the petitioner has prayed for the following reliefs:-

"It is, therefore, humbly prayed that this petition may kindly be allowed by setting aside the above mentioned order dated 23.4.2014 passed by Ld. JMFC(IV), Una and orders dated 17.4.2017 and 19.9.2017 passed by Ld.CJM, Una in prosecution case No. RBT 165-II-12/06 (State of HP Vs Dinesh Chander Sharma) thereby allowing the petitioner's afore-mentioned application under Section311, Cr.P.C. for examination of the concerned witnesses and application for recalling the order dated 17.4.2017 in the interest of justice."

2. As agreed, without going into the legality of orders impugned, this petition is disposed of by holding that orders passed 1 Whether reporters of the local papers may be allowed to see the judgment?

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by learned Trial Court dated 23.4.2014, 24.1.2015 and 21.3.2017 are modified to the extent that petitioner shall be at liberty to examine .

witnesses mentioned in his application filed under Section 311 of the Cr.P.C. Petitioner shall bear the expenses for summoning the said witnesses including process fee, diet money etc. Court assistance shall be provided to the petitioner for summoning the witnesses as per Rules.

3. Regarding other grievances (if any) raised in this petition, petitioner prays for and is permitted to file fresh proceedings before the appropriate Forum/Court of law including this Court.

Petitioner submits that he had submitted certified copies of certain orders/documents and he will be requiring the same for filing fresh petition. Registry is directed to handover the certified copies of said documents to the petitioner on his furnishing photocopies of the same.

Petition stands disposed of in above terms, so also pending miscellaneous applications, if any.

(Ajay Mohan Goel) Judge 4th May, 2019.

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Himachal Pradesh High Court