State Of H.P. & Another vs Dr. Rajesh Sharma & Another

Citation : 2023 Latest Caselaw 17396 HP
Judgement Date : 2 November, 2023

Himachal Pradesh High Court
State Of H.P. & Another vs Dr. Rajesh Sharma & Another on 2 November, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                           Review Petition No. 128 of 2023 and
                                                           CMP (M) No. 191 of 2023




                                                                                          .

                                                            Date of decision: 2.11.2023

    State of H.P. & Another                                                    ...Applicants/Petitioners.





                                                  Versus

    Dr. Rajesh Sharma & Another.                                                   ...Respondents.





    Coram
    Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Hon'ble Mr. Justice Sushil Kukreja, Judge.

    Whether approved for reporting?1

    For the Applicants/Petitioners.                        Mr. Anup Rattan, Advocate General,
                                                           with Mr.Varun Chandel, Additional
                                                           Advocate General.


    For the Respondents:                                   Mr.Onkar Jairath, Advocate.




                        Vivek Singh Thakur, Judge (Oral)

CMP (M) No. 191 of 2023 For the reasons stated in the application, delay of 22 days in filing Review Petition is condoned.

2. The application is allowed and disposed of.

Review Petition No. 128 of 2023

3. Be registered. This Review Petition has been preferred against common judgment dated 17.11.2022 passed in CWP No. 1393 of 2022, titled as Aishwarya Thakur & others vs. State of H.P. & another and CWP No. 2606 of 2022, titled as Rajesh Sharma and Another Vs. State of H.P. & Another.

4. Undisputedly State had preferred two separate Review Petitions against same judgment, one of which was registered as Review Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 02/11/2023 20:35:57 :::CIS 2 Review Petition No. .... of 2023 Petition No. 16 of 2023, titled as State of H.P. & others Vs. Dr. Aishwaria Thakur & others.

5. It is also admitted fact that both Review Petitions were filed not .

only similar, but on identical grounds.

6. It has been brought to our notice that Review Petition No. 16 of 2023 was heard and dismissed vide order dated 15.3.2023 passed by a Division Bench of this High Court.

7. In view of above, present Review Petition is not maintainable.

8. Otherwise also, no error apparent on the face of record has been pointed out, warranting interference by invoking jurisdiction of review against impugned judgment. There is no illegality, infirmity or perversity in the impugned judgment, warranting interference therein in Review Petition. Accordingly Review Petition is dismissed.

(Vivek Singh Thakur), Judge.

(Sushil Kukreja), Judge.

2nd November, 2023 (Keshav) ::: Downloaded on - 02/11/2023 20:35:57 :::CIS