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High Court of Himachal Pradesh · body

2025 DAILYLAW 32423 (HP)

Suraj Kumar Sharma alias Pahariya v. State of HP

CRMP/3064/2025 · 2025-07-18

Rakesh Kainthla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Suraj Kumar Sharma Vs. State of H.P. Cr. MP(M) No.1288 of 2025 18.07.2025 Present: Mr. G.R. Palsra, Advocate, for the petitioner. Mr. Lokender Kutlehria, Additional Advocate General, for the respondent-State. Cr. MP(M) No. 3064 of 2025 The present application has been filed for extension of time with the averments that there was landslide in the native place of the petitioner and that the house of the petitioner was also badly damaged due to heavy rain and landslide. The path and roads of Seraj area have been badly damaged and there is no proper facility of transportation in the Seraj area and sometime is required to surrender before the District Jail Mandi, because at present he is unable to come to Mandi due to non-facility of transportation. Hence, the application. The affidavit annexed with the application shows that it was verified at Shimla on 17.07.2025. This fact falsifies the plea taken on oath by the petitioner that the roads are badly damaged due to heavy rains and landslides and the petitioner is unable to come out from his native place due to non-facility of the transportation. It is unfortunate that a false averment has been made in the said affidavit. This Court would have been constrained to initiate action against the petitioner for swearing a false affidavit before the Court, however, keeping in view the fact that he is already behind the bars, further action is not required. Suffice it to say that a person like the applicant/petitioner, who comes to the Court with a false is not entitled to any relief by this Court. Further, the application contains a false averment regarding the non- availability of transportation and desired not furnishing any cause for extension of time. Consequently, the present application is dismissed. Cr. MP(M) No.1288 of 2025 List in due course. (Rakesh Kainthla) Judge 18th July, 2025 (Shamsh Tabrez)