Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 20232 (HP)

STATE OF HP v. Kuldeep Rao

CMP.M/1238/2025 · 2025-08-12

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of Himachal Pradesh Versus Kuldeep Rao CMP(M) No.1238 of 2025 [Item D-7] 12.08.2025 Present: Mr. Anup Rattan, Advocate General with Mr. Gobind Korla, Additional Advocate General, for the applicant-appellant-State. Mr. Mohit Thakur, Advocate, for the respondent-writ petitioner. CMP(M) No.1238 of 2025 Keeping in view the averments made in the application under Section 5 of Limitation Act, duly supported by an affidavit of the official, we are of the opinion that sufficient cause has been made out to condone the delay in filing the appeal. Therefore, delay of 52 days in filing the appeal is condoned. Appeal be registered. Application stands disposed of. FAO(OS)ST No.34696 of 2025 2. Notice. Mr. Mohit Thakur, Advocate, accepts service of notice on behalf of the sole respondent. 3. In terms of previous order, State Counsel has placed on record charge-sheets dated 25.02.2012 and 26.09.2011. 4. We have perused the charge-sheets. 5. Charge-sheet dated 25.02.2012 in FIR No.60 of 2011 in case titled as State Versus Kuldeep Rao and others, against the respondent-writ petitioner, whereby, charges were framed by the Judicial Magistrate, 1st Class, Court No.2, Shimla, on various counts for the offences committed under Sections 467, 468, 471, 420 and 120-B of the Indian Penal Code, on account of the fact that forged judgment of this Court had been presented for the service benefits by the writ petitioner. 6. Similarly, in the other charge-sheet dated 26.09.2011, in FIR No.140 of 2006 in case titled as State Versus Divesh Chaudhary & others, framed by the Chief Judicial Magistrate, Shimla, the allegations are of purchasing of solved question papers for benefit of the daughter of writ petitioner for Combined Pre-Medical Test for the year 2006. It is also an admitted fact that the writ petitioner has already retired and, therefore, it is only the notional benefits which have to accrue to him. 7. Keeping in view the above, the matter requires consideration. Admit. CMPST No.35206 of 2025 8. Be registered. 9. Notice in the aforesaid terms 10. During pendency of the appeal, operation of impugned order dated 13.05.2025 passed by learned Single Judge in Execution Petition No.143 of 2022, titled as Kuldeep Rao v. State of Himachal Pradesh and Ors., shall remain stayed. The application stands disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge August 12, 2025 (Bhardwaj/Shivender)