State Of H.P. & Another vs Dr. Rajesh Sharma & Another
2023 Latest Caselaw 17396 HP

     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

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)