Raj Kumar Dogra Vs M/S Ashtvinayak Tours and Travels — Himachal Pradesh HC (2026) — LawSathi Research

Raj Kumar Dogra Vs M/S Ashtvinayak Tours and Travels — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

One last opportunity to the petitioner to lead defence evidence: order dated 13.10.2025 closing defence evidence quashed and set aside; petitioner to appear before the court below on 17.04.2026 subject to payment of Rs. 10,000/- cost to the respondent and production of its receipt; failing which the impugned order shall automatically revive with no further opportunity. Petition disposed of along with pending applications, if any.

Issue for consideration

Whether the order dated 13.10.2025 passed by the learned JMFC, Manali, closing the evidence of the petitioner-accused, should be set aside and one opportunity granted to the petitioner to lead his defence evidence.

Court's answer

This Court found no illegality or infirmity in the impugned order dated 13.10.2025; no illegality was committed by the learned court below in passing it, as opportunities had repeatedly been granted to the petitioner to lead evidence.

Ratio / Principle

Nevertheless, by way of indulgence and as a last opportunity, the Court granted the petitioner one opportunity to lead evidence, subject to payment of cost of Rs. 10,000/- to the respondent.

Key takeaways

The petition was allowed and the order dated 13.10.2025, insofar as it closed the petitioner's defence evidence, was quashed and set aside, with direction to the petitioner to remain present before the court below on 17.04.2026.ratio¶12
The relief was made conditional: failing appearance/compliance, the order dated 13.10.2025 shall automatically revive and no more opportunity would be granted; the petitioner may lead evidence only on the date fixed by the court below and subject to production of the receipt of cost payment in favour of the respondent.ratio¶12

Detailed headnote1 paragraphs

Criminal miscellaneous petition (Cr.MMO No.1198 of 2025) — order dated 13.10.2025 of learned JMFC, Manali (District Kullu) closing the defence evidence of the petitioner-accused challenged — High Court finds no illegality or infirmity in the impugned order since opportunities had repeatedly been granted to lead evidence — however, by way of indulgence and as a last opportunity, one opportunity granted to lead evidence subject to payment of cost of Rs. 10,000/- to the respondent — impugned order quashed and set aside — petitioner directed to remain present before the court below on 17.04.2026 for fixing date for issuance of notices and recording defence evidence — failing which the order dated 13.10.2025 shall automatically revive and no more opportunity granted — evidence permitted only on the date fixed by the court below and subject to production of receipt of cost payment — petition allowed and disposed of along with pending applications, if any.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.1198 of 2025 Date of Decision: 07.04.2026

Raj Kumar Dogra …….Petitioner Versus M/s Ashtvinayak Tours and Travels … Respondents

_______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

For the Petitioner: Mr. Maan Singh, Advocate. For the Respondent : Mr. Karan Veer Dhawan, Advocate.

_______________________________________________________ Sandeep Sharma, Judge (oral):

Being aggrieved and dissatisfied with order dated 13.10.2025, passed by the learned Judicial Magistrate First Class, Manali, District Kullu, Himachal Pradesh, whereby evidence of the petitioner-accused has been closed, petitioner has approached this Court in the instant proceedings, praying therein to set aside aforesaid order and grant one opportunity to lead the evidence.

2. Having heard learned counsel for the parties and perused the material available on record vis-à-vis reasoning assigned in the order impugned in the instant proceedings, this Court finds no illegality or infirmity in the impugned order. Since it is quite apparent from the impugned order dated 13.10.2025, passed by the learned

1 Whether the reporters of the local papers may be allowed to see the judgment?

2

court below that repeatedly, opportunities came to be granted to the petitioner to lead the evidence, no illegality otherwise can be said to have been committed by the learned Court below, while passing impugned order, however, by way of indulgence and as a last opportunity, this court deems it fit to grant one opportunity to the petitioner to lead the evidence subject to payment of cost of Rs. 10,000/- to the respondent. Ordered accordingly.

3. Consequently, in view of the above, present petition is allowed and order dated 13.10.2025, in as much as defence of the petitioner to lead the evidence was closed, is quashed and set-aside with direction to the petitioner to remain present before the court below on 17.04.2026, enabling it to fix a date for issuance of notices and recording defence evidence, failing which order dated 13.10.2025, shall automatically revive and no more opportunity would be granted to the petitioner. It is made clear that petitioner shall only be permitted to lead the evidence on the date to be fixed by the court below subject to production of receipt qua the payment of cost in favour of the respondent.

In the aforesaid terms, present petition is disposed of along with pending applications, if any.

(Sandeep Sharma), Judge

April 07, 2026 (sunil)