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Khyali Ram vs . Om Prakash
2023 Latest Caselaw 8798 HP

Citation : 2023 Latest Caselaw 8798 HP
Judgement Date : 3 July, 2023

Himachal Pradesh High Court
Khyali Ram vs . Om Prakash on 3 July, 2023
Bench: Sushil Kukreja

Khyali Ram Vs. Om Prakash

Cr. Revision No.301 of 2022

.

03.07.2023 Present: Mr. Maan Singh, Advocate, for the petitioner.

Mr. Naveen K. Bhardwaj, Advocate, for the respondent.

Today a sum of Rs.50,000/- has been handed

over to the learned counsel for the respondent by the

learned counsel for the petitioner.

Learned counsel for the petitioner prays for and

is granted six weeks' more time to pay the balance amount

of compensation to the respondent.

List on 01.09.2023.



                                                            ( Sushil Kukreja )




             July 03, 2023                                        Judge
                  (VH)







                         Roshan Lal Vs.    Mahant Ram & anr.

                                                               RSA No.142 of 2012




                                                                         .

03.07.2023   Present:       Ms. Rinki Kashmiri, Advocate vice Mr. Janesh

Gupta, Advocate, for the appellant. Mr. G.R. Palsra, Advocate, for respondents No.1

& for proposed legal heirs of deceased respondent No.2, i.e. respondents No.2(a) to 2(d).

CMP (M) No.470 of 2023

The instant application under Order 22, Rules

4, 9 and 11, read with Section 151 of the Code of Civil

Procedure and Section 5 of Limitation Act has been filed

by the applicant/appellant for bringing on record the legal

heirs of deceased respondent No.2 Sant Ram.

As per the applicant/appellant, respondent

No.2 has expired on 01.07.2014 and left behind his legal

heirs, as mentioned in para-1 of the application, who are

required to be brought on record. The application is duly

supported by the affidavit of the applicant/appellant.

Learned counsel for the non-applicants/

respondents No.1 and legal heirs of deceased respondent

No.2 i.e. 2(a) to 2(d), has submitted that he does not

intend to file reply to the application and has no objection

in case the application is allowed.

Heard. Keeping in view the facts and

circumstances of the case and since right to sue survives

in favour of the non-applicants, the application is allowed

and legal heirs of deceased respondent No.2, as

.

mentioned in para-1 of the application, are ordered to be

brought on record, after setting aside the abatement, if

any.

The application stands disposed of.

RSA No.142 of 2012

weeks.

r to Amended memo. of parties be filed within two

List on 02.08.2023.



                                                ( Sushil Kukreja )


    July 03, 2023                                     Judge
           (VH)








Piyush Garg & Ors. Vs. State of HP & anr.

Cr.MMO No.663 of 2023

.

03.07.2023 Present: Mr. Rajat Aswathy, Advocate, for the petitioners.

Mr. B.N. Sharma, Advocate General, for respondent No.1/State.

Notice. Mr. B.N. Sharma, learned Additional

Advocate General, accepts notice on behalf of respondent

No.1.

Let notice be issued to respondent No.2,

returnable within four weeks, on taking steps within a period

of three days.

List on 08.08.2023.

Cr.MP No.2278 of 2023

The application is disposed of with a direction to

the applicants/petitioners to file English translation of

documents in issue before the next date of hearing.






                                                           ( Sushil Kukreja )
             July 03, 2023                                       Judge
                  (VH)





              Dinesh Kumar      Vs.    The Principal Secretary & Ors.

                                                     Cr. MMO No.86 of 2018




                                                                    .

03.07.2023   Present:    Mr. Romesh Verma, Senior Advocate with

Mr. Parveen Chauhan, Advocate, for the petitioner.

Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 3 & 6/State. Mr. Rajnish K. Lall, Advocate, for respondent

No.5.

Notice issued to respondent No.4 received back

duly served, however, none has appeared on its behalf.

Hence, respondent No.4 is proceeded against ex-parte.

Admit.

Let post admission notice be issued to

respondent No.4, returnable within six weeks, on taking

steps within a period of one week.

List on 15.09.2023.






                                                           ( Sushil Kukreja )
             July 03, 2023                                       Judge
                  (VH)





                    Madan Lal & anr.   Vs.    State of HP & anr.

                                                    Cr. MMO No.366 of 2019




                                                                    .

03.07.2023   Present:     Mr. N.K. Thakur, Senior Advocate with Mr.

Karan Veer Singh, Advocate, for the petitioners. Mr. B.N. Sharma, Additional Advocate General,

for respondent No.1/State. Mr. Sanjeev Kumar Suri, Advocate, for respondent No.2.

Since the matter stands already admitted, list for

final hearing in due course.



                                                           ( Sushil Kukreja )
             July 03, 2023                                       Judge
                  (VH)









                                  Geeta vs.      Usha Goel

Cr. Revision No.263 of 2020

.

03.07.2023 Present: Mr. Prashant Pandey, Advocate, for the petitioner.

Mr. Anuj Gupta, Advocate, for the respondent.

It is stated by learned counsel for the

respondent that balance amount of Rs.40,000/- has been

received.

Learned counsel for the petitioner prays for an

adjournment to file an application for compromising the

matter.

As prayed for, list on 09.08.2023, on which date,

the parties are directed to remain present in person before

this Court.






                                                                 ( Sushil Kukreja )
             July 03, 2023                                             Judge





                  (VH)





                      Pinku Kumar @ Bunti    Vs.   State of HP
                                                  Cr. Appeal No.330 of 2021




                                                                   .
03.07.2023   Present:       Mr. Udit Shaurya Kaushik, Advocate, for the





                            appellant.

Mr. Jitender Kumar Sharma, Additional Advocate

General, for the respondent.

Order dated 27.02.2023 has not been complied

with.

It is stated by learned counsel for the appellant

that the appellant is behind the bars and presently he is

lodged in Model Central Jail, Nahan, District Sirmour, H.P.

in some other case.

Therefore, let production warrant be issued to

the Superintendent Jail, Model Central Jail, Nahan, District

Sirmour, H.P., to produce appellant Pinku Kumar alias Bunti

before this Court on 31.07.2023.

( Sushil Kukreja ) Judge July 03, 2023 (VH)

Ramesh Chand Vs. Central Bank of India Cr. Revision No.3 of 2022

.

03.07.2023 Present: Mr. Devender K. Sharma, Advocate, for the

petitioner.

Ms. Pooja Verma, Advocate vice Mr. Abshishek

Banta, Advocate, for the respondent.

Learned counsel for the petitioner stated that 5%

of the cheque amount has been deposited with HP State

Legal Services Authority on 23.06.2023 and in this respect,

he has placed on record photocopy of the receipt.

Therefore, no further orders are required to be

passed in the present petition and the same is closed.

( Sushil Kukreja )

Judge July 03, 2023

(VH)

Hem Raj Vs. Tajender Kumar & anr.

Cr. Revision No.71 of 2022

.

03.07.2023 Present: Mr. Daleep Chand, Advocate, for the petitioner.

Ms. Anchal, Advocate vice Mr. Sumeet Raj Sharma, Advocate, for respondent No.1.

Mr. Jitender Kumar Sharma, Additional Advocate General, for respondentNo.2/State.

Learned counsel for the petitioner prays for one

more opportunity to deposit the balance amount on the

ground of ailment of the brother of the petitioner.

In the interest of justice, three weeks' further

time is granted to the petitioner to deposit the balance

amount by way of indulgence.

As prayed for, list on 28.07.2023.





                                                      ( Sushil Kukreja )





                                                            Judge
             July 03, 2023
                   (VH)






                           Mohan Lal     Vs.   State of HP

Cr. Revision No.412 of 2022

.

03.07.2023 Present: Mr. Ashok Kumar, Advocate, for the petitioner.

Mr. Jitender Kumar Sharma, Additional Advocate General, for the respondent.

Cr.MP No.1780 of 2023

At this stage, learned counsel for the

applicant/petitioner seeks permission to withdraw the

present application with a liberty to file fresh one on better

particulars.

Therefore, the application is dismissed as

withdrawn, with liberty as aforesaid.

Cr.MP No.2373 of 2022

As prayed for, list on 03.08.2023.

( Sushil Kukreja )

Judge July 03, 2023 (VH)

Sonia Vs. Golf Link Finance & Resort Pvt. Ltd.

Cr. Revision No.466 of 2022

.

03.07.2023 Present: Mr. Rajesh Kashyap, Advocate vice Mr. Mohar

Singh, Advocate, for the petitioner. Ms. Seema K. Guleria, Advocate, for the

respondent.

Learned vice counsel for the petitioner stated

that an application under Section 482, Cr.P.C. has been

filed in the Registry on 28.06.2023. However, the same is

not available on record. Registry is directed to trace the

same and place it on record, if in order.

List on 12.07.2023.

( Sushil Kukreja ) Judge

July 03, 2023 (VH)

Surender Kumar Vs. State of HP Cr. Revision No.590 of 2022

.

03.07.2023 Present: Ms. Suman Thakur, Advocate, for the petitioner.

Mr. Jitender Kumar Sharma, Advocate, for the respondent.

Learned counsel for the petitioner stated that

despite her best efforts, she could not contact the petitioner.

She prays for and is granted four weeks' time to obtain

instructions in the matter.

As prayed for, list on 04.08.2023.

( Sushil Kukreja )

Judge July 03, 2023 (VH)

Ramesh Hetta Vs. Pritam Singh Cr. Revision No.290 of 2023

.

03.07.2023 Present: Mr. Dalip K. Sharma, Advocate, for the

petitioner.

Mr. Amrik Singh, Advocate, for the respondent.

Learned counsel for the petitioner stated that

10% of the cheque amount has been deposited with HP

State Legal Services Authority on 20.06.2023 and in this

respect, he has placed on record photocopy of the receipt.

Therefore, no further orders are required to be

passed in the present petition and the same is closed.




                                                      ( Sushil Kukreja )
                                                            Judge




             July 03, 2023
                  (VH)







                            Hari Ram   Vs.    Rattan Chand




                                                                     .

Cr. Revision No.658 of 2022

03.07.2023 Present: Mr. Naveen K. Dass, Advocate, for the petitioner.

Mr. Suresh Singh Saini & Mr. Kailash Chand Negi, Advocates, for the respondent.

It is stated by learned counsel for the petitioner

that in terms of order dated 06.12.2022 passed by this

Court, 50% of the compensation amount has already been

deposited by the petitioner and the bail bonds have also

been furnished before the trial Court.

Admit.

List for final hearing in due course.

In the meantime, record of the Courts below be

called for.






                                                            ( Sushil Kukreja )
             July 03, 2023                                        Judge
                  (VH)





                            Hari Ram   Vs.    Rattan Chand




                                                                     .

Cr. Revision No.659 of 2022

03.07.2023 Present: Mr. Naveen K. Dass, Advocate, for the petitioner.

Mr. Suresh Singh Saini & Mr. Kailash Chand Negi, Advocates, for the respondent.

It is stated by learned counsel for the petitioner

that in terms of order dated 06.12.2022 passed by this

Court, 50% of the compensation amount has already been

deposited by the petitioner and the bail bonds have also

been furnished before the trial Court.

Admit.

List for final hearing in due course.

In the meantime, record of the Courts below be

called for.






                                                            ( Sushil Kukreja )
             July 03, 2023                                        Judge
                  (VH)





                            Hari Ram   Vs.    Rattan Chand




                                                                     .

Cr. Revision No.660 of 2022

03.07.2023 Present: Mr. Naveen K. Dass, Advocate, for the petitioner.

Mr. Suresh Singh Saini & Mr. Kailash Chand Negi, Advocates, for the respondent.

It is stated by learned counsel for the petitioner

that in terms of order dated 06.12.2022 passed by this

Court, 50% of the compensation amount has already been

deposited by the petitioner and the bail bonds have also

been furnished before the trial Court.

Admit.

List for final hearing in due course.

In the meantime, record of the Courts below be

called for.






                                                            ( Sushil Kukreja )
             July 03, 2023                                        Judge
                  (VH)





Narain Singhq Vs. Jasvir Singh Sudan

.

Cr. Appeal No.197 of 2023

03.07.2023 Present: Mr. Kulbhushan Khajuria, Advocate, for the appellant.

Mr. B.N. Sharma, Additional Advocate General, for the respondent.

Learned Additional Advocate General prays for

and is granted two weeks' more time to submit report before

this Court in terms of order dated 22.05.2023.

List on 27.07.2023.

It is made clear that if the report is not submitted

before the next date, Superintendent of Police, Bilaspur is

directed to remain present in person before this Court.







                                                                ( Sushil Kukreja )
             July 03, 2023                                            Judge
                  (VH)






Bal Krishan Vs. Budhi Singh Thakur

.

Cr. Revision No.288 of 2023

03.07.2023 Present: Ms. Meghna Kashava, Advocate vice Mr.Raman Prashar, Advocate, for the petitioner.

Cr.MP No.1818 of 2023

It is stated by learned vice counsel for the

applicant/petitioner that a sum of Rs.3,00,000/- has been

deposited by the applicant in the Registry of this Court in

compliance of order dated 29.05.2023, passed by this

Court.

As the main case is pending adjudication, it is

ordered that the substantive sentence imposed upon the

applicant/petitioner, vide judgment of conviction dated

16.07.2022 and order of sentence dated 04.08.2022,

passed by the learned Chief Judicial Magistrate, Lahaul-

Spiti at Kullu, H.P. and affirmed by learned Sessions Judge,

Kullu, H.P., vide judgment dated 05.04.2023, shall remain

suspended, till final disposal of the petition, however,

subject to the applicant's furnishing personal bond in the

sum of Rs.50,000/- with one surety in the like amount to the

satisfaction of learned trial Court, within a period of four

weeks from today, undertaking therein to appear in the

Court as and when directed and in the event of the

dismissal of the petition, the applicant will surrender before

the Court to undergo sentence, if any, imposed by the

.

Court.

The application stands disposed of.

Cr. Revision No.288 of 2023

Steps for the service of the sole respondent not

taken.


                Learned


                            vice    counsel      for     the

undertakes to do the needful within a period of one week.

                   r                                              petitioner

                Let   notice   be   issued     to      the respondent,

returnable within four weeks, on doing the needful within a

period of one week.

List on 11.09.2023.

Cr.MP No.1819 of 2023

The application is disposed of with a direction to

the applicant/petitioner to file certified copy of the trial Court

judgment before the next date of hearing.




                                                 ( Sushil Kukreja )
    July 03, 2023                                      Judge
         (VH)





                         Baldev Thakur & ors.     Vs.   State of HP & anr.
                                                          Cr. MMO No.50 of 2023




                                                                        .

03.07.2023   Present:          Mr. Udit Shourya Kaushik, Advocate, for the
                               petitioners.

Mr. Raj Kumar Negi, Additional Advocate

General, for respondent No.1/State. Mr. Aman Sood, Advocate, for respondent No.2.

As per report of the Registry, reply has not been

objections.

r to re-filed on behalf of respondent No.2 after removal of the

Learned counsel for respondent No.2 states that

the reply has been misplaced in his office. He undertakes to

re-file the same within a period of four weeks.

As prayed for, list on 18.08.2023.

Cr.MP No.151 of 2023

The application is disposed of with a direction to

the applicants/petitioners to file translated copy of the

documents in issue before the next date of hearing.

( Sushil Kukreja ) Judge July 03, 2023 (VH)

Nitika & Ors. Vs. State of HP & anr.

Cr. MMO No.103 of 2023

.

03.07.2023 Present: Ms. Salochna Rana, Advocate, for the petitioners.

Mr. Jitender Kumar Sharma, Additional Advocate

General, for respondent No.1/State. None for respondent No.2.

Learned counsel for the petitioners prays for and

is granted four weeks' time to file rejoinder to the reply filed

on behalf of respondent No.1.

As prayed for, list on 10.08.2023.

( Sushil Kukreja ) Judge July 03, 2023

(VH)

Ajay Kumar Vs. Manorama Devi Cr. MMO No.230 of 2023

.

03.07.2023 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.

Mr. Ashwani Sharma, Advocate, for the respondent.

Learned counsel for the petitioner undertakes to

deposit a sum of Rs.5,000/- per month as interim

maintenance awarded by the learned Court below. He also

undertakes to deposit the entire arrears upto the month of

July, 2023, if not already paid, within a period of two weeks

from today in the Registry of this Court.

List on 25.07.2023.

( Sushil Kukreja )

Judge July 03, 2023

(VH)

Dalip Singh Thakur Vs. State of HP Cr. MMO No.465 of 2023

.

03.07.2023 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.

Mr. B.N. Sharma, Additional Advocate General, for the respondent.

Learned Additional Advocate General is directed

to file supplementary affidavit clarifying therein as to what

are the allegations made against the petitioner in the

charge-sheet filed against him before the concerned Court.

As prayed for, list on 28.07.2023.

( Sushil Kukreja ) Judge July 03, 2023

(VH)

Dalip Singh Thakur Vs. State of HP Cr. MMO No.469 of 2023

.

03.07.2023 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.

Mr. B.N. Sharma, Additional Advocate General, for the respondent.

Learned Additional Advocate General is directed

to file supplementary affidavit clarifying therein as to what

are the allegations made against the petitioner in the

charge-sheet filed against him before the concerned Court.

As prayed for, list on 28.07.2023.

( Sushil Kukreja ) Judge July 03, 2023

(VH)

Rakha Ram Bakolia Vs. Parveen Singh Cr. MMO No.537 of 2023

.

03.07.2023 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.

Mr. Sat Parkash, Advocate, for the respondent.

Cr.MP No.1851 of 2023

Learned counsel for the respondent prays for

and is granted two weeks' time to file reply.

As prayed for, list on 24.07.2023.

In the meantime, interim order to continue.

( Sushil Kukreja )

Judge July 03, 2023 (VH)

Rakha Ram Bakolia Vs. Parveen Singh Cr. MMO No.538 of 2023

.

03.07.2023 Present: Mr. Rahul Mahajan, Advocate, for the petitioner.

Mr. Sat Parkash, Advocate, for the respondent.

Cr.MP No.1852 of 2023

Learned counsel for the respondent prays for

and is granted two weeks' time to file reply.

As prayed for, list on 24.07.2023.

In the meantime, interim order to continue.

( Sushil Kukreja )

Judge July 03, 2023 (VH)

Pramodh Singh Parmar & ors. Vs. State of HP & Ors.

Cr. MMO No.541 of 2023

.

03.07.2023 Present: Mr. Ajay Sharma, Senior Advocate with Ms. Kavita Kajal, Advocate, for the petitioner. Mr. B.N. Sharma, Additional Advocate General,

for respondents No.1 and 2/State. Ms. Madhurika Sekhon Verma, Advocate, for respondent No.3.

Status report has been filed by respondents

No.1 and 2.

Learned counsel for respondent No.3 prays for

and is granted four weeks' time to file reply.

List on 04.08.2023.

( Sushil Kukreja )

Judge July 03, 2023

(VH)

Subhash Vs. Vikram Singh & Ors.

RSA No.40 of 2011

.

03.07.2023 Present: Mr. Durga Bahadur, Advocate vice Mr. Prem P.

Chauhan, Advocate, for the appellant. None for the respondents.

Learned vice counsel for the appellant prays for

an adjournment on the ground that since the matter has

come up after a period of about 12 years, he has to

ascertain the status of the parties.

As prayed for, list on 08.09.2023.

( Sushil Kukreja ) Judge

July 03, 2023 (VH)

Tajinder Singh Vs. Sonia Pasricha Cr. Appeal No.425 of 2022

.

03.07.2023 Present: Mr. R.L. Sood, Senior Advocate with Mr. Atul Jhingan and Mr. Arjun Lall, Advocate, for the appellant.

Mr. Vivek Sharma, Advocate, for the respondent.

Heard in part.

Learned counsel for the respondent prays for an

adjournment on the ground that the arguing counsel is not

available today.

As prayed for, list on 12.07.2023.

( Sushil Kukreja ) Judge

July 03, 2023 (VH)

Tajinder Singh Vs. Sonia Pasricha Cr. Appeal No.423 of 2022

.

03.07.2023 Present: Mr. R.L. Sood, Senior Advocate with Mr. Atul Jhingan and Mr. Arjun Lall, Advocate, for the appellant.

Mr. Vivek Sharma, Advocate, for the respondent.

Heard in part.

Learned counsel for the respondent prays for an

adjournment on the ground that the arguing counsel is not

available today.

As prayed for, list on 12.07.2023.

( Sushil Kukreja ) Judge

July 03, 2023 (VH)

Tajinder Singh Vs. Sonia Pasricha Cr. Appeal No.424 of 2022

.

03.07.2023 Present: Mr. R.L. Sood, Senior Advocate with Mr. Atul Jhingan and Mr. Arjun Lall, Advocate, for the appellant.

Mr. Vivek Sharma, Advocate, for the respondent.

Heard in part.

Learned counsel for the respondent prays for an

adjournment on the ground that the arguing counsel is not

available today.

As prayed for, list on 12.07.2023.

( Sushil Kukreja ) Judge

July 03, 2023 (VH)

 
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