Vinay Kumar vs State Of H.P. & Others

Satyen Vaidya, J

CMP(M) No.2069 of 2025

Notice.

Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

Keeping in view the fact that the delay of only 6 days has occurred in filing the review petition, learned Deputy Advocate General submits that no reply is intended to be filed.

I have perused the averments made in the application, which are duly supported by affidavit. The delay is only of 6 days in filing the review petition, which cannot be said to be inordinate and further no inference of malafide can be attributed to the petitioner. Accordingly, the application is allowed.

Delay in filing review petition is condoned.

Review Petition No.112 of 2025

Notice.

Ms. Seema Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

The petitioner has sought review of judgment dated 14.07.2025, passed by this Cou in a bunch of matters with CWPOA No.3658 of 2020, titled Ramesh Chand vs. State of H.P. & others, as lead case. CWPOA No.5966 of 2020, titled Vinay Kumar vs. State of H.P. & others was also tagged in the bunch of matters, decided vide aforesaid judgment, which according to the petitioner, ad different subject matter and could not have been decided in terms of judgment passed by Hon’ble Supreme Court in SLP(C) No.23016 of 2023, titled State of H.P. vs. Surajmani & others. It is further contended that CWPOA No.5966 of 2020, titled Vinay Kumar vs. State of H.P. & others had been got tagged in the aforesaid bunch due to inadvertence.

Keeping in view the aforesaid submissions, which are substantiated from the perusal of original record of CWPOA No.5966 of 2020, the review petition is allowed. The judgment passed by this Court in CWPOA No.5966 of 2020, titled Vinay Kumar vs. State of H.P. & others on 14th July, 2025, is recalled.

List CWPOA No.5966 of 2020 before appropriate Bench on 25th February, 2026.