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2025 DAILYLAW 21115 (HP)

RAM LAL AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/11903/2025 · 2025-07-24

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 11903 of 2025 Decided on 24th July, 2025 Ram Lal and another …Petitioners Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Mukul Sood, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have prayed for the following reliefs:- I. “That writ in nature of certiorari may be issued quashing the order of remitting the case to Gram Panchayat and directs the consolidation of both cross-cases for trial in the competent Sessions Court; 1A. In the event the Hon'ble Court does not find it appropriate to direct the consolidation of both cross- cases, the petitioners respectfully pray that the matter be transferred back after proper investigation to the Ld. Sessions Court, Mandi, H.P., where the cross-case was previously tried, as the cross-case has now been 2 decided by the same court and is currently pending in appeal before this Hon'ble Court. This is in accordance with the observations and directions of this Hon'ble Court in earlier proceedings vide Judgment dated 12.07.2024 in "CRMMO No. 667 of 2021", in which it was emphasized that the cross-cases be tried together, ensuring consistency and fairness in the proceedings. II. That a writ in the nature of mandamus or any other appropriate directions be issued to the respondent authorities to ensure a fair an investigation and trial, including by an independent investigation agency or special investigations team. III. That a writ in the nature of mandamus or any other appropriate directions be issued to the respondent police authorities to conduct a thorough and impartial investigation and present a proper charge sheet before the competent Court i.e. Ld. Sessions Court Mandi as has been observed by this Hon’ble Court in Judgment dated 12.07.2024 in Cr.MMO No.667 of 2021 titled as Ram Lal and Anr. v. State of H.P. & Ors.” 2. Taking into consideration the backdrop of the case and the order appended with the petition passed in the matter by various Fora including one passed by the Hon’ble Coordinate Bench of this Court in a petition under Section 482 of the Criminal Procedure Code, this Court is of the considered view that the reliefs that have been prayed by the 3 petitioners cannot be granted under Article 226 of the Constitution of India. 3. At this stage, learned counsel for the petitioners submits that the petitioners be permitted to withdraw the petition with liberty to approach this Court afresh by invoking the provisions of the relevant statute. 4. Petition is allowed to be withdrawn with liberty as prayed for. Pending miscellaneous applications, if any, also stand disposed of. 5. On the request of learned counsel for the petitioner, certified copy appended with the petition be returned to the learned counsel and photocopy be retained for the purpose of record. (Ajay Mohan Goel) Judge July 24, 2025 (Vinod)