MINAKSHI D/O SHRI BABLU v. STATE OF HIMACHAL PRADESH
2022-06-24
AJAY MOHAN GOEL
body2022
DigiLaw.ai
ORDER : 1. Notice. Mr. Dinesh Thakur, learned Additional Advocate General accepts notice on behalf of the respondent. 2. With the consent of learned Counsel for the parties, the case is taken up for consideration today itself. 3. By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following substantive reliefs: “It is therefore most respectfully prayed that the document of the petitioner may kindly be released or the in alternative the ld. Court below adjudicating the release application may kindly be directed to disposed of the application pending before it. Any other relief which the Hon’ble Court deems fit may kindly be passed in the interest of justice and fair play.” 4. Mr. Lakshay Parihar, learned Counsel for the petitioner has submitted that the petitioner has preferred an application under Section 457 of the Code of Criminal Procedure for release of 5th and 6th Semester mark sheets, as also the migration certificate of the petitioner impounded by Police in case FIR No. 22/2020, dated 03.03.2020, registered under Section 420, 467, 468 read with Section 120-B of the Indian Penal Code, at Police Station Dharampur, District Solan, H.P. According to learned Counsel for the petitioner, as the documents mentioned in the petition were required by the petitioner for subsequent admission etc., it is in these circumstances that the application was filed for release thereof. Despite the fact that the application was filed as far back as in August, 2021, till date, no effective order has been passed by the learned Court below, and in these circumstances, the petitioner is invoking the extraordinary jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure with the prayers enumerated therein. 5. Learned Counsel has also made available to the Court the certified copies of the zimni orders which have been passed by the learned Court below on the said application since 31st August, 2021 upto 10th of June, 2022. A perusal of the zimni orders demonstrates that the application was listed before the learned Court for the first time on 31st August, 2021 and as the Presiding Officer was on leave on said date, the case was ordered to be listed on 27.09.2022. On the said date, as none appeared for the applicant, therefore, notice was ordered to be issued to the applicant through Counsel for 05.10.2021.
On the said date, as none appeared for the applicant, therefore, notice was ordered to be issued to the applicant through Counsel for 05.10.2021. On the said date also, none appeared for the applicant and the matter was listed for 26.10.2021. The same story was repeated on the said date also and the case was ordered to be listed for 16.12.2021 by way of issuance of a fresh notice to the applicant through Counsel. 6. On 16.12.2021, Mr. Amit Vaid, Advocate, has appeared for the applicant and the case was ordered to be listed for consideration on 18.12.2021. On 18.12.2021, the case was again ordered to be listed for consideration on 31.12.2021. On 31.12.2021, the case was fixed for consideration for 02.03.2022, and on the said date, the case was ordered to be listed for consideration on 11.04.2022 on the basis of statement of one Constable that there were other applications too for release pending in the Court of learned ADJ, Solan. 7. Thereafter, on 11.04.2022, the case was ordered to be listed for consideration on 29.04.2022, and on the said date also, the case was ordered to be listed for consideration on 10.06.2022. Thereafter, the case has been now adjourned for 13.09.2022 for consideration. 8. This Court fails to understand as to why learned Court is shying away from taking a call on merit on the application which has been filed by the petitioner for release of the documents under Section 457 of the Code of Criminal Procedure. Adjournment after adjournment is being given by the learned Court below without understanding and appreciating the anxiety of the applicant who happens to be a student. This Court is not making any observation as to what order should be passed on the application by the learned Court below but the Court at least should decide the same, rather than mechanically adjourning the matter from one date to another. Deciding such an application pertaining to release of the documents, in my considered view, is not likely to consume much time.
Deciding such an application pertaining to release of the documents, in my considered view, is not likely to consume much time. Accordingly, in view of what has been observed hereinabove, this petition is disposed of with the direction to the learned Court below to pre-pone the case and list the said application at the first instance on 29.06.2022, and thereafter, a date be fixed for consideration and disposal of the said application on merit, which shall not be later than 15 days as from 29th June, 2022. It is made clear that this Court is not making any observation on the merit of the application and learned Court below shall be at liberty to pass appropriate orders on the same, in accordance with law, as it deems fit. Pending miscellaneous applications, if any, also stand disposed of.