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Himachal Pradesh High Court

Babu Ram & Another vs . State Of H.P. . on 10 November, 2023

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of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Babu Ram & another Vs. State of H.P. .

Cr. Revision No. 584 of 2023 .

10.11.2023 Present: Mr. Jagan Nath, Advocate, for the petitoners.

Mr. Prashant Sen, Deputy Advocate General, for the respondent-State.

of The objection No.1 is regarding the fact that right margin of even number pages of judgment of learned Trial Court is insufficient. However, it is a certified copy rt supplied by the learned Court, over whom the applicant has no control, therefore, the objection is overruled.

Cr. Revision No.584 of 2023

Notice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent. He prays for and is granted three weeks' time to file reply.

Record of the learned Trial Court be requisitioned.

CRMP No.4232 of 2023

Notice in the aforesaid terms. Reply be filed within a period of three weeks. Rejoinder, if any, be filed within a period of one week thereafter.

Since, the applicant was on bail throughout the trial and has been sentenced less than three years imprisonment, therefore, it is ordered that the ::: Downloaded on - 10/11/2023 20:38:08 :::CIS operation and execution of the impugned sentence passed by the learned Trial Court and as affirmed by the .

Learned Additional Sessions Judge, Sundernagar, District Mandi, H.P. shall remain suspended till further orders subject to furnishing of personal and surety bonds in the sum of Rs.25,000/- to the satisfaction of of learned Trial Court within a period of three to the satisfaction of learned Trial Court and undertaking to rt appear and receive sentence in case of dismissal of the appeal.

(Rakesh Kainthla) Judge November 10, 2023 (veena ) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Roshan Lal vs. Chet Ram & anr.

Cr. Revision No.581 of 2023

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10.11.2023 Present: Mr. Mohan Sharma, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for the respondent-State.

of The objection No.3 is regarding the fact that right margin of even number pages of judgment of learned rt Trial Court is insufficient, the same is too dim and the same is not readable. However, it is a certified copy supplied by the learned Court, over which the applicant has no control, therefore, the objection is overruled.

Cr. Revision No.581 of 2023

Notice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent No.2. He prays for and is granted three weeks' time to file reply.

Issue notice to respondent No.1, returnable within a period of four weeks on taking steps within a period of one week.

Record of the learned Trial Court be requisitioned.

CRMP No.4216 of 2023

Notice in the aforesaid terms. Reply be filed within a period of three weeks.

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In the meantime, keeping in view the fact that applicant was on bail and he has been convicted for the .

offence punishable under Section 138 of Negotiable Instruments Act, which offence is bailable in nature. It is ordered to be stayed, subject to furnishing of personal and surety bonds in the sum of Rs.1,00,000/- to the of satisfaction of learned Trial Court and undertaking to appear and receive sentence in case of dismissal of the rt appeal and deposit of 30% of the fine amount within one month.

CRMP No.4217 of 2023

The application stands disposed of with the direction to the applicant/petitioner to file certified copy of judgment dated 23.02.2023 within a period of four weeks.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Pattu Ram Vs. Murari Lal & another Cr. Revision No.586 of 2023 .

10.11.2023 Present: Ms. Anjali Soni Verma, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for respondent.

of Cr. Revision No.586 of 2023 Notice. Mr. Parshant Sen, learned Deputy rt Advocate General, appears and waives service of notice on behalf of respondent No.2. He prays for and is granted three weeks' time to file reply.

Issue notice to respondent No.1, returnable within a period of four weeks on taking steps within a period of one week.

Record of the learned Trial Court be requisitioned.

CRMP No.4235 of 2023

Notice in the aforesaid terms. Reply be filed within a period of three weeks. Rejoinder, if any, be filed within a period of one week, as prayed for.

In the meantime, keeping in view the fact that applicant was on bail and he has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act, which offence is bailable in nature. It is ordered to be stayed, subject to furnishing of personal ::: Downloaded on - 10/11/2023 20:38:08 :::CIS and surety bonds in the sum of Rs.50,000/- to the satisfaction of learned Trial Court and undertaking to .

appear and receive sentence in case of dismissal of the appeal and deposit of 30% of the fine amount within one month.

CRMP No.4217 of 2023

of The application stands disposed of with the direction to the applicant/petitioner to file certified rt copy of judgment dated 09.06.2023, within a period of four weeks.

The petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned and the said authorities shall not insist for production of a certified copy, but if required, may verify it from website of the High Court.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Nishant Vs. State of H.P. & others Cr.MMO No. 1162 of 2023 .

10.11.2023 Present: Mr. Panku Chauhary, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for respondent No.1 to 3.

of Cr. Revision No.586 of 2023 & Cr.MP No. 4238 of 2023 rtNotice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3. He prays for and is granted three weeks' time to file reply.

Issue Dasti notice to respondent No.4 on taking steps within two days, returnable on 22.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Vivek Chauhan VS. State of H.P. & another Cr.MMO No. 1164 of 2023 .

10.11.2023 Present: Mr. Naresh Kumar Tomar, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for respondent No.1 and 2. .

of Cr.MMO No. 1164 of 2023 & Cr.MP No. 4243 of 2023 rtNotice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 and . He prays for and is granted three weeks' time to file reply.

Issue notice to the respondent No. 3, returnable within four weeks, on taking steps with one week.

Cr.MP No. 4244 of 2023

The present application stands disposed of with a direction to the petitioner to file English translation of Annexures annexed with the present petition be filed within a period of four weeks.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Vivek Chauhan VS. State of H.P. & another Cr.MMO No. 1164 of 2023 .

10.11.2023 Present: Mr. Naresh Kumar Tomar, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for respondent No.1 and 2. .

of Cr.MMO No. 1164 of 2023 & Cr.MP No. 4243 of 2023 rtNotice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 and . He prays for and is granted three weeks' time to file reply.

Issue notice to the respondent No. 3, returnable within four weeks, on taking steps with one week.

Cr.MP No. 4244 of 2023

The present application stands disposed of with a direction to the petitioner to file English translation of Annexures annexed with the present petition be filed within a period of four weeks.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Anuj Kumar Vs. State of H.P. Cr.MP (M) No. No. 2849 of 2023 .

10.11.2023 Present: Mr. Yashveer Singh Rathore, Advocate, for the petitioner.

Ms. Avni Kochhar,, Deputy Advocate General, for respondent-State of Status report filed and the same is taken on record.

rt It has been submitted on behalf of the State that the petitioner can be treated at IGMC, Shimla.

Let a report of the Medical Officer of the Competent Authority be obtained as to whether the petitioner can be treated at IGMC or is required to be referred to any of the higher medical institution or not.

Let report be submitted on 16.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Vipin Singh Vs. State of H.P. Cr.MPM No. 2872 of 2023 .

10.11.2023 Present: Mr. Yashveer Singh Rathore, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for the respondent.

of Notice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice rt on behalf of respondent. He prays for and is granted two weeks' time to file status report.

List on 28.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Rinku Vs. State of H.P. Cr.MPM No. 2875 of 2023 .

10.11.2023 Present: Mr. Panku Chaudhary, Advocate vice Mr. Vijender Katoch, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for the respondent of Notice. Mr. Parshant Sen, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent. He prays for and is granted two rt weeks' time to file status report.

List on 24.11.2023.

Cr.MP No. 4245 of 2023

The present application stands disposed of within a direction to the petitioner to file relevant extract of Annexure P-2 within a period of two weeks.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Devi Ram Vs. State of H.P. Cr.MPM No. 2876 of 2023 .

10.11.2023 Present: Mr. Vinod Gupta, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for the respondent.

Notice. Mr. Parshant Sen, learned Deputy of Advocate General, appears and waives service of notice on behalf of respondent. He prays for and is granted two rt weeks' time to file status report.

List on 24.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Sidharth Sharma Vs. State of H.P. Cr.MPM No. 2878 of 2023 .

10.11.2023 Present: Mr. Manoj Negi, Advocate, for the petitioner.

Mr. Prashant Sen, Deputy Advocate General, for the respondent.

Notice. Mr. Parshant Sen, learned Deputy of Advocate General, appears and waives service of notice on behalf of respondent. He prays for and is granted two rt weeks' time to file status report.

List on 28.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

Mukesh Sharma vs. State of H.P. Cr.MP(M) No.2299 of 2023 of 10.11.2023 Present: Sh. Ajay Kochhar, Sr. Advocate, with Sh. Arpit Shukla, Advocate, for the petitioner.

Sh. Prashant Sen, Deputy Advocate General, for the respondent/State. rt Put up for consideration on 24.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Mukesh Sharma vs. State of H.P. Cr.MP(M) No.2424 of 2023 .

10.11.2023 Present: Sh. Ajay Kochhar, Sr. Advocate, with Sh. Arpit Shukla, Advocate, for the petitioner.

Sh. Prashant Sen, Deputy Advocate General, for of the respondent/State.

rt Put up for consideration on 24.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Mukesh Sharma vs. State of H.P. .

Cr.MP(M) No.2296 of 2023

10.11.2023 Present: Sh. Ajay Kochhar, Sr. Advocate, with Sh. Arpit Shukla, Advocate, for the petitioner.

of Sh. Prashant Sen, Deputy Advocate General, for the respondent/State. rtWritten submission has been filed on behalf of the complainant. It was submitted during the course of hearing that the petitioner is not co-operating with the police and he is not giving specimen of his handwriting.

Learned Counsel appearing on behalf of the petitioner has disputed the submissions and submitted that petitioner is ready and willing to give his specimen of his handwriting as when directed to do so.

Without going into the controversy, it is directed that petitioner shall give specimen of his handwriting on 18.11.2023, before the authorities.

List on 24.11.2023.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Suresh Kumar vs. State of H.P. Cr.MP(M) No.2341 of 2023 .

10.11.2023 Present: Sh. Yashveer Singh Rathore, Advocate, for the petitioner.

Sh. Prashant Sen, Deputy Advocate General, for of the respondent/State.

Perusal of the record shows that I had dealt with rt the matter when I was posted as Special Judge, Mandi.

Hence the matter be listed before another Bench at the pleasure of Hon'ble the Chief Justice.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Sahil Khan vs. State of H.P. Cr.MP(M) No.2394 of 2023 .

10.11.2023 Present: Sh. Kulwant Singh Gill, Advocate, for the petitioner.

Ms. Avni Kochhar, Deputy Advocate General, of for the respondent/State.

H.C. Baljeet Kumar No.258, Police Station Majra, District Sirmour is present. rt Arguments heard. Judgment reserved.

(Rakesh Kainthla) Judge November 10, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS .

of rt ::: Downloaded on - 10/11/2023 20:38:08 :::CIS Notice. Mr. Parshant Sen, learned Deputy .

Advocate General, appears and waives service of notice on behalf of respondent.

Record of the learned trial Court be requisitioned within a period of three weeks. Reply, of if any, be filed within two weeks.

CRMP No.4213 of 2023

rt Notice in the aforesaid terms.

::: Downloaded on - 10/11/2023 20:38:08 :::CIS Cr. MMO No. 745 of 2023

Statement of Manish Kumar son of Sh. Ramesh Chand, aged 26 .

years, resident of Village Khalentu (Dharbog), P.O. Dharbog, Tehsil & District Shimla, H.P. On oath 10.11.2023.

of Stated that I have entered into a compromise with the present petitioners and compromise to this effect is placed on record, rt which bears my signatures. In view of the compromise, I do not want to to proceed further with the matter and I have no objection, in case, F.I.R.

No.114, dated 30.06.2022, for the offences punishable under Sections 341, 323, 347, 365, 427 read with Section 34 of IPC, registered at Police Station Sadar Solan, District Solan be quashed.

(Rakesh Kaithla) RO&AC 10th November, 2023 (veena) ::: Downloaded on - 10/11/2023 20:38:08 :::CIS