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2018 DIGILAW 936 (HP)

Sushil Kumar v. State Of Himachal Pradesh

2018-05-21

SANDEEP SHARMA

body2018
JUDGMENT Sandeep Sharma, J —Since all the above captioned petitions arise out of same order, same are being taken up together, for disposal by way of this common judgment. 2. Being aggrieved and dissatisified with a similar order(s) , dated 4.8.2015 (Annexure P5) , passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., ( for short ''impugned order'') in Cr. MP Nos. 66/4 of 2015, 67/4 of 2015 and in Cr.MP No.65/4 of 2015, whereby application(s) under Section 311 of the Code of Criminal Procedure, having been filed by the petitioner(s) (hereinafter referred to as the accused) , came to be dismissed, petitioners have approached this Court by way of instant proceedings. 3. Learned counsel representing the parties on both sides fairly admitted that impugned order being unreasoned, deserves to be quashed and setaside. Bare perusal of the impugned order, suggests that the learned court below while disposing of the application(s) filed under Section 311 of the Code of Criminal Procedure, has narrated the facts in para No. 15, whereafter in para6, he has proceeded to decide the application(s) in slipshod manner without assigning any reason. 4. Close scrutiny of the impugned order further suggests that the prayer having been made by the petitioner(s) in the application(s) filed under Section 311 Cr.P.C., has not been dealt with/examined in the light of the provisions contained in Section 311 of the Code of Criminal Procedure and the law laid down on the point by the Hon''ble Apex Court as well as this Court. 5. Accordingly, the present petition(s) is allowed and impugned order dated 4.8.2015 is quashed and setaside. Learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., is directed to decide the application(s) afresh taking note of the provisions contained in Section 311 of the Cr.P.C. and the law laid down by the Hon''ble Apex Court as well as this Court. 6. Since, the matter(s) pertains to year, 2015, this Court hopes and trust that the application(s) at hand as well as appeal(s) shall be decided by the learned Court below expeditiously, preferably within a period of four months . 7. Parties through their respective counsels are directed to appear before the learned court below on 1st June, 2018, on which date, application(s) shall be decided by the learned Court below. 7. Parties through their respective counsels are directed to appear before the learned court below on 1st June, 2018, on which date, application(s) shall be decided by the learned Court below. Since, appeals are pending consideration before the learned Court below for quite considerable time, this Court hopes and trust that sincere efforts shall be made to dispose of the same expeditiously. Interim order(s) is vacated. Pending application(s) , if any, also stands disposed of. Copy dasti.