Fasih Mehmood v. State
Case brief
What is this about?
The bench dismissed a criminal revision petition (CRL.REV.P. 698/2015) for non-prosecution because the memorandum for removing defects was not filed per High Court Rules. The court allowed liberty to file a fresh petition.
What did the court decide?
Petition dismissed for non-prosecution; liberty granted to file a fresh petition.
What the court decided
$~54
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.REV.P. 698/2015 FASIH MEHMOOD ..... Petitioner Through None.
versus
STATE ..... Respondent Through Adv. (appearance not given)
CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR O R D E R % 02.11.2015
The present case has been lying at the filing counter for a long time under objections for removal of defects.
A note has been put up by the Registry that under the Provisions of Chapter 1, Part-A(a) 5(2) of the High Court Rules and Orders, if a memorandum of appeal is not taken back for amendment, the same shall be registered and listed before the Court for its dismissal for non-Prosecution.
The aforesaid provision applies to all matters: civil and criminal. Since no effort has been made to collect the memorandum of petition for removing the defect and re-filing the same, the petition is dismissed for non-prosecution.
However, the petitioner would be at liberty to file fresh petition in case the grievance still remains to be redressed.
Issues for consideration
2 issues framed by the court
whether the petition should be dismissed for non-prosecution as the memorandum for amendment was not filed
whether the petitioner is permitted to file a fresh petition if the grievance remains
Parties & counsel
- respondent
State
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
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