HIGH COURT OF HIMACHAL PRADESH
A.M. KHANWILKAR, KULDIP SINGH, JJ.
DEEPAK KHOSLA - Appellant
VERSUS
STATE OF HIMACHAL PRADESH - Respondents
Cr.M.M.O No.- 4007 of 2013
Decided on : July 24, 2013
A.M. Khanwilkar, J. –
1. This petition, is filed by accused No.2 in complaint arising from FIR No.54 of 2008 dated 12th July, 2008 registered by Police Station Kasauli under Sections 420, 463, 464, 468, 469, 471, 503, 506 and 507 read with Section 120 B of IPC, under Section 482 read with Sections 397 to 404 of Cr.P.C. read with Article 227 of the Constitution of India, for somewhat unusual reliefs. The petitioner has asked for multiple reliefs as under:
"It is, therefore, prayed that the abovesaid application may kindly be allowed in the interest of justice, and this Hon'ble Court be pleased to:
i) Revise the 'decisions taken in the impugned proceedings, and/or the 'irregularities' therein, and pass favourable orders thereupon.
ii) Direct the Police to lay on record of this Hon'ble Court (and/or that of Ld. JMIC, Kasauli) a copy of the entire material collected and/or received by them during the investigation, including materials not intended to be relied upon by them, including materials supplied by the petitioner, including all letters, emails, correspondence with HQ in the captioned FIR, file notings, etc, so that application dated 18032011 (Annexure 9) stands disposed off.
iii) Direct (and/or direct Ld. JMIC, Kasauli to issue notice and direct) to the following 7 persons to give a parawise reply on dulysworn affidavit to the application for discharge dated 31 052010 (Annexure 8), the fresh application for discharge on new facts and grounds dated 27052013 (Annexure 12):
a) Present SHO PS Kasauli Mr. A. Rana..... Respondent No.2.
b) Previous SP Mr. Prem Thakur .....Respondent No.5
c) Present APP (Kasauli) Mr. Y.P. Singh... Respondent No.7
d) Previous APP (Kasauli) Mr. Xx ....Respondent No.6
e) Complainant Mr. Vikram Bakshi ....Respondent No.10.
f) Brig. SPS Dhariwal ....Respondent No.11.
g) Himanshu Gupta ....Respondent No.12.
iv) Direct Ld. JMIC Kasauli (Mr. Gaurav Mahajan) to elaborate on his order of 08042013 (Annexure 10) whether orally or in writing, and/or set out his Court's sources of information relating to observations made in the order dated 08042013, including setting out the source of information on the 13 counts set out at para 9 of the application dated 27052013 seeking elaboration of his order (Annexure 13) and setting out the basis of the 4 statements summarized at para 10 of the same application dated 27052013.
v) Direct (and/or direct Ld. JMIC, Kasauli to issue notice and direct) to the following 4 persons to give a parawise reply to the application for criminal contempt dated 27052013 (Annexure 14) and the supplementary submissions made therein dated 02062013 (Annexure 16):
a) Present SHO PS Kasauli Mr. Rana .....Respondent No.2.
b) Present APP (Kasauli) Mr. YP Singh .....Respondent No.7.
c) Previous APP (Kasauli) Mr. Xx ....Respondent No.6.
d) Complainant Mr. Vikram Bakshi ....Respondent No.10.
vi) Direct Ld. JMIC Kasauli to dispose off the fresh application for discharge dated 27052013 (Annexure 12) by a speaking order upon receipt of replies as prayed for above within a time bound period, say, of 4 weeks from the date of receipt of such replies, or within such period as this Hon'ble Court may deem fit, so that application dated 27052013 seeking a similar prayer (Annexure 15) stands disposed off.
vii) Direct Ld. JMIC Kasauli to dispose off the application for criminal contempt (annexure 14 and Annexure 16) within a timebound period, say, of 2 weeks from the date of receipt of parawise replies on dulysworn affidavit as prayed for above, or within such period as this Hon'ble Court may deem fit.
viii) Direct Ld. JMIC Kasauli to dispose off the application dated 12 062013 (Annexure 20) praying for review and recall of the order(s) taking cognizance and summoning of the petitioner within a time bound period, say, of 2 weeks from the date of disposing of the application dated 7052013 for discharge (Annexure 12) and application dated 27052013 seeking initiation of criminal contempt proceedings (Anne
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