Laiq Ram vs State of H.P. - 2025 Supreme(HP) 449

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 449

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Laiq Ram – Appellant
Versus
State of H.P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay Kumar, Senior Advocate, with Mr Rohit
For the Respondent:Mr. Ajit Sharma, Deputy Advocate General, for the Mr. Ajay Kochhar, Senior Advocate, with Ms. Swati Sharma, Advocate

JUDGMENT :

Rakesh Kainthla, J.

The present petitions are directed against the order dated 28.5.2015, passed by learned Sessions Judge, Shimla (learned Revisional Court), vide which the order passed by learned Additional Chief Judicial Magistrate, Court No.2, Shimla (learned Trial Court) was upheld and the revision preferred by the petitioner (accused before learned Trial Court) were dismissed. (The parties shall hereinafter be referred to in the same manner in which they are arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present petition are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code (IPC). It was asserted that the informant was one of the Directors of M/s Umak Investment Company Pvt. Ltd. M/s Umesh Phalpher and Harmeet Ghai contacted the informant regarding the sale of land measuring 70 bighas adjoining Hotel Shillon Resorts, Shimla. The informant entered into a memorandum of understanding (MOU)/Agreement with M/s U.G. Hotels, Mr. Umesh Phalpher and Harmeet Ghai for the