Himachal Pradesh High Court
Surender Kumar vs . State on 13 October, 2023
Bench: Vivek Singh Thakur, Bipin Chander Negi
Surender Kumar vs. State
.
CMP(M) No. 700 of 2023
13.10.2023 Present: Mr. Abhimanyu Rathore, Advocate for the
applicant/appellant.
Mr. Baldev Negi, Additional Advocate General, for
respondents No.1 to 3.
Mr. Manish Sharma, Advocate for respondents No.4 and
Mr. Ajit Pal Singh Jaswal, Advocate for respondent
No.75.
Other respond8s No. 9, 11 to 74, 76 to 255 ex-parte.
None for respondent No.196 Man Singh.
CMP(M) No. 700 of 2023
There is no representation on behalf of respondent No.196
Man Singh. Hence he is proceeded ex-parte.
This application has been filed for condonation of delay
in filing the appeal against judgment dated 13th September, 2022 passed
in CWPOA No. 446 of 2019. From the date of passing of impugned
order, there is delay of 253 days.
It has been contended on behalf of applicant/appellant
that a Review Petition was preferred by them along with an application
for condonation of delay bearing CMP(M) No. 520 of 2023 and in said
application, considering the reason explained for causing delay to be
genuine, delay for filing Review Petition was condoned vide order
dated 23.05.2023.
The Review Petition No. 46 of 2023 was also dismissed
on the very same day i.e. 23rd May, 2023. It has been contended by
learned counsel for applicant that present appeal is within limitation
.
from the date of decision of Review Petition.
The delay in filing Review Petition was condoned by
learned Single Judge by taking into consideration the reasons assigned
for that in CMP(M) No. 520 of 2023 and appeal has been preferred
within 30 days i.e. on 27th May, 2023 without any delay after the date
of decision of Review Petition on 23.05.2023.
In view of condonation of delay in CMP(M) No. 520 of
2023 as the cause mentioned for delay appears to be bonafide and
genuine and considering that no prejudice is going to be caused to
either party on deciding the issues raised in appeal on merits, rather
decision on merit will put a quietus to the present litigation, we are of
opinion that delay in filing appeal deserves to be condoned mentioned
for that appears to be bonafide and genuine.
Accordingly, delay in filing appeal is condoned.
Application stands allowed and disposed of.
CMP Nos. 11923 of 2023 and 13841 of 2023
For reasons stated in these applications, respondents
No.23, 43, 44, 45, 51, 52, 53, 54, 55, 56, 62,68, 69, 72, 75, 76, 78, 79,
80, 81, 82, 91, 95, 97, 98, 100, 102, 104, 105, 106, 107, 109, 110, 112,
113, 117, 119, 121, 124, 126, 127, 129, 130, 131, 134, 136, 138, 140,
141, 143, 144, 145, 149, 155, 162, 164, 169, 171, 172, 174, 176, 177,
180, 183, 184, mentioned in cause title of these applications, are
permitted to be transposed as petitioners, as prayed in these
applications.
Applications stand allowed and disposed of.
LPA No. of 2023 (LPAST No.14700 of 2023)
.
Be registered.
Mr. Baldev Negi, learned Additional Advocate General,
Mr. Manish Sharma and Mr.Ajit Pal Singh Jaswal, Advocates, appear
and waive service of notice on behalf of respondents No.1 to 3,
respondents No.4 and 6 and respondent No. 59 respectively.
Amended memo of parties stands filed. The same is on
record.
Respondents No. 5, 7 to 58 and 60 to 180, as per amended
memo, are the employees of Police Department, serving under the
control of respondent No.2 Director General of Police. Therefore, to
avoid unnecessary delay in adjudicating the matter, service of these
respondents is directed to be effected through Office of Director
General of Police with direction to ensure the supply of information of
next date of hearing of present appeal to these respondents against
written acknowledgment.
Report with this regard to service of unrepresented
respondents be submitted through Office of Advocate General well
before next date of hearing.
Learned counsel for petitioners shall furnish the list of
unserved respondents along with their serial numbers depicted in the
awarded memo of parties to the Office of learned Advocate General to
facilitate the office of learned Advocate General to transmit the same to
the office of Director General of Police in order to effect service upon
all unserved respondents thereby informing them about next date of
hearing. The list shall be filed by learned counsel for petitioners on or
.
before 17th October, 2023.
List on 5th December, 2023.
(Vivek Singh Thakur)
Judge
October 13, 2023 (Bipin C. Negi)
(ms) Judge
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