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High Court of Himachal Pradesh · body

2026 DAILYLAW 6926 (HP)

Sanjay Kumar v. Amit Kumar

CRMPM/32/2026 · 2026-03-17

Sandeep Sharma

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sanjay Kumar vs. Amit Kumar Cr. MP(M) No.32 of 2026 17.03.2026 Present Ms. Rinkle Khoond, Advocate, for the applicant. Cr. MP (M) No.32 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 petition, which is barred by limitation. 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 petition 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 34 days in filing the petition, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of. Cr. Revision No_____ of 2026 Since instant petition filed under Section 438 read with Section 442 of Bharatiya Nagarik Suraksha Sanhita, lays challenge to judgment of acquittal dated 10.07.2025 passed by learned Additional Chief Judicial Magistrate, Rampur Bushehr, District Shimla, Himachal Pradesh in Criminal Case No.99 of 2019, titled Sanjay Kumar vs. Amit Kumar, this Court is of the view that Criminal Revision Petition is not maintainable, rather petitioner ought to have filed an appeal under Section 419 of Bharatiya Nagarik Suraksha Sanhita. On the oral request of learned counsel for the petitioner, present criminal revision petition is ordered to be converted into a Criminal appeal. Registry is directed to register the present case as a Criminal appeal. Bailable warrants in the sum of Rs.5000/- with one surety in the like amount each to the satisfaction of the Arresting Police Officer, be issued against the respondent, undertaking to appear in this Court as and when directed and to receive any sentence which may be imposed on the conclusion of the appeal. Record of learned Court below be called for. List on 21.04.2026. (Sandeep Sharma) Judge March 17, 2026 (shankar)