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CM APPL.63468-469/2024

1. Allowed, subject to all just exceptions.

CM APPL.63470/2024

2. The present application has been filed by the appellants under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (in short, „CPC‟) seeking condonation of 99 days delay in re-filing the appeal.

3. For the reasons stated in the application, the delay of 99 days in re-filing the appeal is condoned.

4. Accordingly, the application stands disposed of. FAO(COMM) 213/2024 & CM APPL.63467/2024

CHANDRA DHARI SINGH, J (Oral)

1. The revision petition bearing CRL.REV.P. No. 444/2024 has been filed on behalf of Smt. Shalini Kapoor who is wife of the revisionist in CRL.REV.P. No. 685/2024. For the sake of convenience, this Court is treating the position of parties as per the petition bearing no. 444/2024. The brief facts leading to the instant revision petitions are as follows:

a) The petitioner and the respondent got married in the year 2010 as per the Hindu rituals and a child was born out of the wedlock in the year 2013.

CHANDRA DHARI SINGH, J (Oral)

1. The revision petition bearing CRL.REV.P. No. 444/2024 has been filed on behalf of Smt. Shalini Kapoor who is wife of the revisionist in CRL.REV.P. No. 685/2024. For the sake of convenience, this Court is treating the position of parties as per the petition bearing no. 444/2024. The brief facts leading to the instant revision petitions are as follows:

a) The petitioner and the respondent got married in the year 2010 as per the Hindu rituals and a child was born out of the wedlock in the year 2013.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arbitration Appeal No.9 of 2024 along with Arbitration Appeal Nos.86 & 88 of 2024 Date of decision: 12.11.2024

1. Arbitration Appeal No.9 of 2024 National Highway Authority of India. ...Appellant.

Versus Rajesh Kaptyaksh. ...Respondent. 2. Arbitration Appeal No.86 of 2024 National Highway Authority of India. ...Appellant. Versus Narain Singh. ...Respondent. 3. Arbitration Appeal No.88 of 2024 National Highway Authority of India. ...Appellant. Versus Babu Ram. ...Respondent. Coram:

Neutral Citation No. ( 2024:HHC:11231 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 4149 of 2013 Reserved on: 05.11.2024 Date of Decision: 13.11.2024 State of Himachal Pradesh ...Appellant.

Versus Suresh Kumar ...Respondent. Coram

All the three appeals were heard together which are directed against the judgment/ order of the learned Additional Sessions Judge, 1 of 26 Neutral Citation No:=2024:PHHC:146538-DB CRA-D Amritsar dated 12.10.2022/18.10.2022, 12.10.2022/18.10.2022, convicting and sentencing the appellants as under:-

under:

Name of Under section Punishment Fine In default of fine appellant Sahil alias 302 read with Imprisonment `10,000/- Rigorous imprisonment Salu Section 149 IPC for life for 03 months 307 read with Rigorous ` 5,000/- Rigorous imprisonment Section 149 IPC imprisonment for one month for 05 years 120-B IPC Imprisonment ` 10,000/- Rigorous imprisonment for life for 03 months 148 IPC Rigorous ` 2,000/- Rigorous imprisonment imprisonment for 15 days for 03 years George 302 read with Imprisonment `10,000/- Rigorous imprisonment Masih Section 149 IPC for life for 03 months 307 read with Rigorous ` 5,000/- Rigorous imprisonment Section 149 IPC imprisonment for one month for 05 years 120-B IPC Imprisonment ` 10,000/- Rigorous imprisonment for life for 03 months 148 IPC Rigorous ` 2,000/- Rigorous imprisonment imprisonment for 15 days for 03 years Rahul 302 read with Imprisonment `10,000/- Rigorous imprisonment alias Lahla Section 149 IPC for life for 03 months 307 read with Rigorous ` 5,000/- Rigorous imprisonment Section 149 IPC imprisonment for one month for 05 years 120-B IPC Imprisonment ` 10,000/- Rigorous imprisonment for life for 03 months 148 IPC Rigorous ` 2,000/- Rigorous imprisonment imprisonment for 15 days for 03 years

Extreme penalty provided under the Indian Penal Code (IPC) i.e. Death Penalty imposed by the Sessions Judge is placed before us for scrutiny due to mandate of Section 366 of the Code, as well as by virtue of appeal preferred by the accused in terms of Section 374[2] of the Code of Criminal Procedure (Cr.P.C.)

2. Appellant Nos.1 to 3 were tried and convicted by the Additional Sessions Judge, Akot vide judgment and order dated 17.05.2024 in Sessions Case No.57/2015 for the offence punishable under Sections 302 read with Section 34 of the IPC and Section 506 [Part-II] read with Section 34 of the IPC. Though they have also been charged for the offence punishable under Section 323 of the Indian Rgd.

1. Heard the petitioner who appears in person as well as Shri Skand Bajpai, learned counsel for the respondent, on the application under Order 7 Rule 11 CPC more particularly the provisions of Sub Rule (a) and (d) of Order 7 Rule 11 of the CPC.

2. Arguing on Sub Rule (a) of Order 7 Rule 11 the argument of the Shri Skand Bajpai is that the said sub rule pertains to rejection of a plaint where it does not disclose a cause of action.

3. Reference has been made to Section 36 of the Representation of Peoples Act, 1951 (hereinafter referred to as the 'Act, 1951') to contend that the said provision pertains to scrutiny of nomination. Sub Section (1) of Section 36 of the Act, 1951 provides for examination of the nomination papers of all candidates which power has been given to the candidates, the election agents, one proposer of each candidate and one other person duly authorized in writing by each candidate but no other person; Sub Section (2) of Section 36 of the Act, 1951 provides for the nomination papers to be examined by the returning officer and to decide all objections which may be made to any nomination and thereafter to reject any nomination either on his own motion or on such objection as might have been preferred.

The applicant, an Indian Foreign Service (IFS) Officer of 2006 batch has approached this Tribunal by way of the captioned Original Application (OA), filed under Section 19 of the Administrative Tribunals Act, 1985 to challenge the Office Memorandum dated 17.06.2022 (Annexure-A/1(i)) vide which respondent no. 1 has proposed to hold an inquiry against him under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and further to challenge the communication dated 16.05.2023 (Annexure-A/1(ii)) vide which the recommendations of the DPC in his respect for promotion to Grade-III of IFS for the panel year 2023 has been kept in "sealed cover".

2. In the OA, the applicant has prayed for the following reliefs and interim relief:

:

The Appellant filed an (offline) RTI application dated 31.05.2023 seeking the following information:

Page 1 of 3

"1- द ल सरकार के SC/ST DEPARTMENT 2018,2019,2020,2021,2022 तक कतना फ ड पछले चार साल म कतनी योजनाओंपर खच कया है उसक" पण ू जानकार द जाये 2- द ल सरकार ने 2014 से 2022 तक अपने व'ापन पर कतना फ ड द ल व ् द ल से बाहार खच कया है उसक" जानकार द जाये 3- द ल के मु+यमं ,ी ने JANUARY 2014 से 2023 JANUARY तक द ल से बाहार के दोरो पर कतना फ ड खच कया है उसक" जानकार द जाये 4- द ल सरकार ने पछले 8 साल म वधायक. को गाडी खर दने के 0लए कतना फ ड दया है उसक" जानकार द जाये"

:

The Appellant filed an (offline) RTI application dated 14.12.2022 seeking the following information:

Page 1 of 7

"(a) Subject matter of information required :

The case to accord one-time sanction of Gol, MoD to count the prior service rendered by the Defence Civilian Employee with effect from the date of appointment as 'lN LIEU OF COMBATANTS" for grant of financial upgradation under MACP-lll scheme wef 01 Feb 2014 (on completion of 30 years' service) in respect of No 1091939-X, Office Superintendent, Shashikant Baburao Jasud of HQ Southern Command, DSC Wing, Pune was taken up with DDG DSC, IHQ of MoD (Army) vide DSC Records letter No CA-6121071137 dated 03 Jun 2014, as intimated vide DSC Records letter No CA-6121071156 dated 03 Jul2O14 (copy att).

:

The Appellant filed an (offline) RTI application dated 05.01.2023 seeking the following information:

Page 1 of 5

"मेरे द्वारा की गयी शिकायत श्रीमतत मुक्ता खलखो िहडोल के कथित बीमा पॉशलसी राशि 1 करोड़ रुपये की शिकायत पर की गयी जााँच एवं काययवाही पर सभी ब्यक्क्तयों के बयान एवं दस्तावेज की सत्यापपत प्रतत उपलब्ध कराये। इस जााँच में अंततम तनर्यय ददनााँक 28.12.2022 के ररपोर्य सदहत दस्तावेज उपलब्ध कराये।"

The CPIO furnished a reply to the Appellant on 23.01.2023 stating as under:

"आपके द्वारा चाही गयी जानकारी सूचना का अथधकार अथधतनयम 2005 की धारा 8 (1) (d) एवं 8 (1) (j) के तहत संरक्षित है , अतः आपको उपलब्ध कराने में असमिय हैं।"

:

The Appellant filed an (online) RTI application dated 23.03.2023 seeking the following information:

Page 1 of 5

"In continuation to RTI Application No- DMRCP/R/E/22/00489, received to you dated 15-11-2022 please provide some more details which were not given, related to the same points mentioned below:

1. My policy number of superannuation (GSPS) is 321581 and my LIC ID is 1779. Please provide my annuity number for the same.

2. In my last application number stated above I desired for DMRC pay scale comparison with the CDA pay scale which was denied to me. As an exemployee of your prestigious organization, I can help, it is available at D2 in the HR Manual- A Compendium of service rules in DMRC. Kindly provide.

:

The Appellant filed an (offline) RTI application dated 06.02.2023 seeking the following information:

Page 1 of 7

" नवेदन यह है क नेह वहार वाड मु तफाबाद वधान सभा म कर ब चार वष पहले सीवर क" लाईन डाल गई थी और अब सीवर क" लाइन से घर-घर तक सीवर कने*शन का काम चल रहा है । सीवर लाइन के -.येक मैन होल म घर0 म कने*शन करने के 1लए चार चीनी के पाइप लगाए गए थे। इ3ह ं पाइप0 म घर0 के कने*शन जोड़ने थे। ले कन उन चीनी पाइप0 से कने*शन नह ं 8दए जा रहे ह9 और म9ने होलो म कने*शन दे ने के 1लए नये सरु ाख करके पाईप लगाये जा रहे ह9 और नये सरु ाख0 क" मर;मत भी नह ं क" जा रह है और जो पहले से ह

-.येक मैन होलो म चार पाईप लगाये गये ह9। उन पाईप0 से 1स वर ओवर=लो होने पर पानी अ3दर ह अ3दर मकान0 क" नींव म जाएगा। और कने*शन के 1लये अब नये पाईप डाले जा रहे ह9 वह रोड से एक से डेढ़ फुट गहराई पर ह9 और जो मकान नीचे पड़ गए ह9 उनका 1सवरे ज का पानी म9न होल म नह जायेगा। और मैन होल म जो नए सरु ाख कये गये है उनसे मैनहोल बहुत कमजोर हो गये है अतः Aीमान जी से नवेदन है क R.T.I Act न;न1लBखत सच ू ना दे ने क" कृEया करे ।