Allowed

Sandeep Attri v. the State & Ors.

Delhi HC5 Jul 2024CRL.M.C./2899/2024

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What is this about?

The Delhi High Court allowed a Section 482 CrPC petition seeking to set aside an order dismissing a complaint in default. Citing Hindustan Domestic Oil, the Court held that the dismissal order could be quashed without notice to the respondent. The impugned order dated 06.01.2024 was set aside, and the case was restored.

What did the court decide?

The Dismiss in Default Order dated 06.01.2024 is set aside and the Complaint Case is restored to its original number.

Sandeep Attri Vs the State & Ors. — Civil Procedure and Limitation | Delhi HC (2024)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2899/2024

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SANDEEP ATTRI

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.....Petitioner Through: Ms. Sunita Arora, Advocate (DHCLSC). versus THE STATE & ORS. .....Respondents Through: Mr. Hemant Mehla, learned APP for the State with Insp. Rajpal and ASI Virender P.s. Bindapur.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 05.07.2024 CRL.M.A. 11072/2024 ( Seeking Exemption )

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Allowed, subject to just exceptions.

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The application is accordingly disposed of.

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CRL.M.C. 2899/2024

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A Petition under Section 482 Cr.P.C has been filed for setting aside the Order dated 06.01.2024 in CT Case16686/2020 under Section 200 Cr.P.C.

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It is submitted that the matter was listed on 06.01.2024 for recording of the pre-summoning evidence of the complainant, but she was admitted in IHBAS from 02.01.2024 till 20.01.2024 as is also evident from the medical record placed on record by the petitioner. It is submitted that nonappearance of the petitioner on 06.01.2024 was on account of her medical

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 08:07:47

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condition. It is, therefore, submitted that the impugned Order dated 06.01.2024 vide which the complaint of the petitioner under Section 200 Cr.P.C was dismissed in default, may be set aside and the Complaint Case may be restored.

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Submissions heard from the learned Counsel for the petitioner and the respondent.

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The petitioner has given cogent reasons explaining why she was unable to appear before the Court on 06.01.2024. It has been held in the case of Hindustan Domestic Oil & Gas Co.(Bombay) Limited & Ors. Vs. State & Anr. Crl. M.C.1737/2011 decided on 03.08.2012 that such orders if they do not reflect and take into consideration the merits of the case or the complaint will not require notice to the opposite side when examined in a revision petition.

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In view of the reasons given, the Dismiss in Default Order dated 06.01.2024 is hereby set aside and the Complaint Case is restored to its original number.

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The petitioner is directed to appear before the learned M.M. on 15.07.2024.

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The petition is accordingly disposed of.

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NEENA BANSAL KRISHNA, J

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JULY 5, 2024/va

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Sandeep Attri v. the State & Ors.

Case brief

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Sandeep Attri v. the State & Ors.

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