Disposed

Ramesh kumar v. Dharam Pal

Himachal Pradesh HC17 Jul 2024CRMPM/898/2024

Case brief

AI extract

What is this about?

Application to condone delay in filing a criminal revision petition was allowed after the respondent raised no objection and delay was found unintentional and sufficiently explained. Notice issued in the revision, sentence suspended subject to depositing 50% of compensation with bonds.

What did the court decide?

Delay in filing the criminal revision petition condoned; substantive sentence suspended on deposit of 50% compensation and bonds of Rs.50,000 with one surety within four weeks.

Ramesh kumar Vs Dharam Pal — Civil Procedure and Limitation | Himachal Pradesh HC (2024)

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Ramesh Kumar Vs. Dharam Pal

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Cr.MP(M) No.898 of 2024

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17.07.2024 Present: Mr. Naveen Kumar Bhardwaj, Advocate, for the petitioner.

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Mr. Maan Singh, Advocate, for the respondent.

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Cr.MP(M) No.898 of 2024

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By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of applicant/petitioner for condonation of delay in maintaining the accompanying criminal revision petition, which is barred by limitation.

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Mr. Maan Singh, Advocate, has put in appearance on behalf of respondent. He fairly states that he does not intend to file reply and shall have no objection, in case prayer made in the aforesaid application is allowed.

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Having perused averments contained in the application, which is duly supported by affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying criminal revision petition is neither intentional nor deliberate, rather same has occurred on account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay in filing the criminal revision petition, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of.

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Cr. Revision No.________ of 2024

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Notice. Mr. Maan Singh, Advocate, appears and

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waives service of notice on behalf of respondent.

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List on 25.07.2024.

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Cr.MP No.________ of 2024 [CRMPST/3328/2024]

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Notice in aforesaid terms. Reply, if any, be filed on or before the next date of hearing. In the meantime, substantive sentence imposed by the learned Court below shall remain suspended, subject to applicant/petitioner’s depositing 50% of the compensation amount and furnishing personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety of the like amount to the satisfaction of the trial Court within a period of four weeks.

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July 17, 2024 (Sandeep Sharma), ( Rajeev Raturi) Judge

Ramesh kumar v. Dharam Pal

Case brief

What is this about?

What did the court decide?

Ramesh kumar v. Dharam Pal

Case brief

What is this about?

What did the court decide?

What the court decided

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