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2025 DAILYLAW 7575 (HP)

STATE OF HP AND ANOTHER v. JITENDER DUTT

CMP.M/190/2024 · 2025-04-02

Jyotsna Rewal Dua

Review Petitionbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Rev. Pet. No.14 of 2025 a/w CMP(M) No.190 of 2024 Decided on: 2nd April, 2025 ------------------------------------------------------------------------------------- The State of H.P. and another …..Petitioners Versus Jitender Dutt .....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. L.N. Sharma, Additional Advocate General. For the Respondent: Mr. Vinod Thakur and Mr. Sumesh Raj, Advocates. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge CMP(M) No.190 of 2024 Applicants/petitioners-State seeks condonation of delay in instituting the review petition. I have considered the grounds given in the application for condoning the delay. The reasons assigned in support of the prayer to condone the delay are cogent. Learned counsel for the non-applicant/respondent has no objection for allowing the application. In fact, reply to the application has also not been filed by the non- applicant/respondent. 1 Whether reporters of print and electronic media may be allowed to see the order? Yes 2 In view of aforesaid, the application is allowed. Delay in instituting the review petition is condoned. The application stands disposed of. Review Petition No.14 of 2025 2. Be registered. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioners-State of Himachal Pradesh seeks review of the decision rendered in Jitender Dutt Versus State of H.P. & anr.2. 4. Following facts have not been disputed by learned counsel for the parties:- 4(i). The aforesaid decision in Jitender Dutt2 was based upon Janam Singh vs. State of H.P. & ors.3. 4(ii). Decision in Janam Singh’s3 case has been reviewed vide order dated 01.08.2024 and the judgment dated 29.05.2023 passed therein has been recalled. The aforesaid writ petition has been restored to its original number. 5. Since the judgment sought to be reviewed in this case was based only upon the decision in Janam Singh’s3 case, therefore, after the decision in Janam Singh’s3 case 2 CWP No.2630 of 2023, decided on 03.07.2023 3 CWP No.2781 of 2023, decided on 29.05.2023 3 having been reviewed & recalled and the said writ petition having been restored to its original number, prayer of the petitioners for reviewing & recalling the decision in Jitender Dutt’s2 case is justified. Accordingly, this review petition is allowed. Judgment dated 03.07.2023 passed in CWP No.2630 of 2023, titled Jitender Dutt Versus State of H.P. & anr., is recalled and the writ petition is ordered to be restored to its original number. The review petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua April 02, 2025 Judge Mukesh