LAWS(HPH)-2021-8-93

ABHISHEK Vs. STATE OF HIMACHAL PRADESH

Decided On August 24, 2021
ABHISHEK Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Mr. Arsh Rattan, learned counsel for the petitioners, submits that inadvertently, this petition could not be drafted as per the legal format vis -vis that it has been filed on behalf of the complainant-victim, whereas, it should have been filed on behalf of the accused and the complainant should have been made respondent.

(2.) Learned counsel further submits that he be permitted to withdraw the present petition with liberty to file fresh. He also made another submission that since the original compromise forms part of this petition as Annexure P-3, as such, in the new petition, he may be permitted to file photocopy of the same. The State has no objection in case the petition is dismissed as withdrawn, with liberty, as prayed for.

(3.) Given above, the petition is dismissed as withdrawn with liberty as aforesaid. It is clarified that instead of filing an original copy of the compromise, photocopy of the same may be filed and at the time, when of such petition taken, this Court will consider, Annexure P-3, as filed in the Cr.MMO No.402 of 2021, for the purpose of disposal of this petition. The pending miscellaneous application(s), if any, also stand disposed of. There would be no need for a certified copy of this order. Any Advocate for the petitioners can download this order along with the case status from the official web page of this Court and attest it to be a true copy.