Allowed

Manoj Kumar Chandel v. State of Rajasthan

Rajasthan HC23 Nov 2022CRLMP/154/2022

Case brief

AI extract

What is this about?

Hearing a Miscellaneous Criminal Petition under Section 482 Cr.P.C., the Rajasthan High Court set aside an order dismissing a notice/complaint in default due to the petitioner's absence and restored the case to its original number.

What did the court decide?

The order dismissing the complaint in default is quashed and set aside, and the complaint is ordered to be restored to its original number.

Manoj Kumar Chandel Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 154/2022

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Manoj Kumar Chandel S/o Ganesh Chndel, Aged About 32 Years, R/o House No. 160, Khatikwada, Kanpur- Madri, District Udaipur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Hitesh Bhardwaj S/o Durgesh Chandra, Age Major, R/o Near Shiv Hanuman Temple, 12/642 Road No. 02, Purohito Ki Madri, Udaipur (Rajasthan)

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----Respondents

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For Petitioner(s)	: Mr. Versha Purohit
For Respondent(s)	: Mr. S.K.Bhati,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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23/11/2022

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The instant Misc. Petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner against the order dated 20.03.2021 passed by the learned Special Judicial Magistrate, NI Act Cases No.6, Udiapur in Criminal Case No.9060/2018 whereby, the learned trial Judge has dismissed the Complaint in default.

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Briefly stated that facts of the case are that a complaint was submitted by the petitioner in which after taking cognizance, the process was issued to respondent-accused. He appeared before the learned Magistrate and order framing charge was passed against him. The complaint came to be dismissed on 20.03.2021 on the premise that neither petitioner nor his counsel was present at the time of hearing, thus the same was dismissed in default.

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(2 of 2)

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[CRLMP-154/2022]

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Looking to the facts and circumstances of the case and as sufficient cause has been shown by the petitioner for his nonappearance on 20.03.2021, I feel persuaded to allow the instant Misc. Petition considering that one cannot be left remediless.

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Accordingly, the instant Misc. Petition is allowed. The order dated 20.03.2021 passed by the learned Special Judicial Magistrate, NI Act Cases No.6, Udaipur in Criminal Case No.9060/2018 is quashed and set aside and it is ordered that the complaint shall be restored to its original number.

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(FARJAND ALI),J

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87-RP/-

Manoj Kumar Chandel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manoj Kumar Chandel v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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