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High Court of Himachal Pradesh · body

2026 DAILYLAW 4467 (HP)

PREM CHAND SHARMA v. STATE OF HP AND OTHERS

CRMPM/18/2026 · 2026-05-04

Sandeep Sharma

body2026

Judgment text

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PREM CHAND SHARMA Versus STATE OF HP AND OTHERS Cr.MP(M) No.18 of 2026 04.05.2026 Present Mr. Pavan Kumar, Advocate, for the applicant/ appellant. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondent No.1/State. Mr. H.S. Upadhyay, Advocate, for respondent Nos. 2, 3 and 4. Cr.MP(M) No.18 of 2026 By way of instant application, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying appeal, which is barred by limitation. Pursuant to order dated 06.01.2026, Mr. H.S. Upadhyay, Advocate has filed memo of appearance on behalf of respondent Nos. 2, 3 and 5. He states that he does not intend to file any reply to the application and shall have no objection in case prayer made in the application is allowed. Having carefully perused the averments contained in the application, which is duly supported by an affidavit, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor deliberate, rather same has occurred on the account of the circumstances, which were completely beyond the control of the applicant/petitioner and as such, delay of 25 days in filing the appeal, which in my considered view has been sufficiently explained, is condoned. The appeal be registered. The application stands disposed of. Cr. Appeal No.____ of 2026 Admit. Issue post admission notice. Mr. Rajan Kahol, learned Additional Advocate General and Mr. H.S. Upadhyay, Advocate, appear and waive service of post admission notice on behalf of respondent No.1 and respondents No.2, 3 and 5, respectively. Separate post admission notice be issued to respondent No.4, returnable within a period of four weeks, on taking steps within one week. In the meanwhile, record of learned Court below be called for. (Sandeep Sharma) Judge May 04, 2026 (shankar)