Petition under Section 482 Cr.P.C. allowed; impugned order quashed. Complainant-petitioner given opportunity to pursue cause as dismissal was on non-appearance of accused without prior opportunity.
Impugned order quashed and set aside; complaint restored to its original number to proceed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1361/2021
Dharmendra Son Of Hari Singh Punia, Resident Shyampura, Tan Nuwa, Police Station Mandawa, Tehsil And District Jhunjhunu (Rajasthan)
----Petitioner
Versus
Dinesh Punia Son Of Ram Pratap Punia, Resident Of Hameerwas (Nuwa) Post Nuwa, Police Station Mandawa, Tehsil And District Jhunjhunu (Rajasthan)
----Respondent
For Petitioner(s) : Mr. Vijay Punia For Respondent(s) :
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
15/09/2021
(2 of 2) [CRLMP-1361/2021]
matter and the complaint has been dismissed on non-appearance on single date, therefore, to meet the ends of justice and to enable the complainant-petitioner to pursue his cause, the petition is allowed. Impugned order passed by the Trial Court is quashed and set aside. The complaint shall be restored on its original number to proceed with the same as per law.
(SATISH KUMAR SHARMA),J
SAHIL/39
1 issue framed by the court
Whether the trial court erred in dismissing the complaint without giving any further opportunity to the complainant for restoration.
1 provisions across 1 enactments
Dharmendra Son Of Hari Singh Punia
Dinesh Punia
Satish Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
