IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Revision Nos. 539 to 544 of 2022 Reserved on : 23.8.2023 Decided on : 23.11.2023

1. Cr. Revision No. 539 of 2022 Sameer Kumar …Petitioner Versus State of H.P. & anr. …Respondents ____________________________________________________

2. Cr. Revision No. 540 of 2022 Sameer Kumar …Petitioner Versus State of H.P,& anr.

..Respondents ____________________________________________________

3. Cr. Revision No. 541 of 2022 Sameer Kumar ..Petitioner Versus State of H.P. & anr.

..Respondents ____________________________________________________

4. Cr.Revision No. 542 of 2022 Sameer Kumar …Petitioner Versus State of H.P. & anr.

…Respondents ____________________________________________________

5. Cr. Revision No. 543 of 2022 Sameer Kumar .

…Petitioner P Versus State of H.P. & anr. .

…RespondHents ____________________________________________________

6. Cr. Revision No. 544 of 2022 Sameer Kumar …Petitioner Vs.

State of H.P. & anr.

t…Respondents Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? yes ________________________________________________

For the Petitioner : Mr. H.R. Jhingta, Advocate.

For t he Respondents : Mr. Mohinder Zharaick, Addl. h Advocate General, for respondent, in respondent No.

g 1.

Mr. Vinod Chauhan, Advocate i for respondent No. 2.

H_____________________________________________________

Virender Singh, Judge (oral)

This order of mine shall dispose of the above titled revision petitions, as in all these revision petitions, petitioner Sameer Kumar has challenged the order dated 20.9.2022, passed by the Court of learned Judicial Magistrate 1st Class, Jogindernagar, District Mandi, H.P. (hereinafter referred to as ‘the trial Court’).

2. Vide order dated 20.9.2022, the learned trial Court has dismissed the applications, bearing .Cr. M.A. .Nos. 363 of 2022, 360 of 2022, 359 of 2022, 362 of 2022 and 358 of 2022 filed by petitioner Sameer Kumar, under Section 319 of Cr. P.C., in Police Challan Nos. 798 oof 2013, 793 of 2013, 795 of

2013, 796 of 2013 and 794 of 2013, respectively.

3. Parties to the lis are referred to in the same manner, in which they are referured to, by the learned trial Court.

4. Brief facts leading to filing of these petitions may be summed up as under:

Police of Police Station, Jogindernagar has submitted a reports under Section 173(2) Cr. P.C., in case FIR No. 223, dated 16.10.2010, under Sections 403, 409, 420, 467, 468, 471, 477-A and 120-B of the IPC. The Police has filed five Hdifferent challans, in the same FIR, as there were different transactions. When the reports under Section 173(2) of Cr. P.C. was submitted before the learned trial Court, it has taken cognizance and summoned the accused persons.

4.1 After complying with the provisions of Section 207 Cr. P.C., learned trial Court has found prima-facie case, for the commission of offences, punishable under Sections 403, 409, 420, 467, 468, 471, 477-A and 120-B of the IPC, against accused Pramod Kumar, and for the commission of offences, punishable under Sections 120-B, 403 and 471 IPC, against accused Sameer Kumar, in all the five cases, as refe.rred above. 4.2 When the charges, so framed, was put to the accused persons, both of them have not pleaded guilty and claimed to be tried. Consequently, the proseocution has been directed to adduce evidence. Consequently, the prosecution has examined its witnesses, in all the five cases.

5. After concluusion of the trial, when, the matter was fixed for recording statement of accused persons, under Section 313 Cr. P.C., on that date, accused No. 2 Sameer Kumar has moved the applications, under Section 319 Cr. P.C. in all the five cases. The said applications have been moved on the basis of the facts that there are same allegations against Sameer Kumar and respondent No. 2, Dinesh Kumar Sood.

HAccording to him, during investigation of the case, he has requested the Investigating Officer about this fact that accused No. 1 (Pramod Kumar) had taken money as loan