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$-6-7 HIGH COURT OF DELHI
CRL.L.P. 553/2014
RASHMI SHARMA
Through:
CRL.L.P. 553/2014
RASHMI SHARMA
Through:
VERSUS
SANJAY MISHRA
Through:
Through:
CRL.L.P. 555/2014
KALAWATI SHARMA
Petitioner Mr. Varun Mishra, Advocate ;
Respondent Ms. Sapna Chauhan and Mr. Nikhil Bahri, Advocates i
Petitibner
Through: Mr. Varun Mishra, Advocate
KALAWATI SHARMA
Petitioner Mr. Varun Mishra, Advocate ;
Respondent Ms. Sapna Chauhan and Mr. Nikhil Bahri, Advocates i
Petitibner
Through: Mr. Varun Mishra, Advocate
VERSUS
j SANJAY MISHRA ^ i
™ Respondent
1hrough: Ms. Sapna Chauhan and Mr. Nikhilj CORAM: Bahri, Advocates
HON'BLE MR. JUSTICE VIPIN SANGHI ORDF. W I 04.02.2015
Ihave heard learned counsels for the parties. Learned counsel for the respondent points out that even earlier the complaint ofthe petitioner had been dismissed in de&ult,,andthesame was restored withcosts.
2015:DHC:11979 k , Apenisal ofthe impugned order shows that on 21.12.2013, alast and final opportunity was granted to the complainant to appear, in the proceedings. Despite the same, she did not appear even afterrepeated calls and consequently the complaint was dismissed. In these circumstances, in the mterest ofjustice, as alast and final opportunity to the petitioner,'the order dated 01.05.2014 dismissmg the complaint for want ofappeatana is set aside and the complaint is restored to its original number, subject to^the conditionthatno fiirther indulgenceshall begrantedto thepetitionerby'the
Trial Court, and in case the petitioner does not appear before the learned
Magistrate on the date fixed, the matter may be dismissed. Tliis is further subjectto theconditionthatthepetitionershallpaycostsofRs.3,000/-to;the respondent.
The parties shall appear before the learned Magistrate on 19.02.2015.
Acopy ofthis orderbe communicatedto the learnedMagistrate. '
FEBRUARY 04,2015 VIPIN SANGHI, J sr 2015:DHC:11979
™ Respondent
1hrough: Ms. Sapna Chauhan and Mr. Nikhilj CORAM: Bahri, Advocates
HON'BLE MR. JUSTICE VIPIN SANGHI ORDF. W I 04.02.2015
Ihave heard learned counsels for the parties. Learned counsel for the respondent points out that even earlier the complaint ofthe petitioner had been dismissed in de&ult,,andthesame was restored withcosts.
2015:DHC:11979 k , Apenisal ofthe impugned order shows that on 21.12.2013, alast and final opportunity was granted to the complainant to appear, in the proceedings. Despite the same, she did not appear even afterrepeated calls and consequently the complaint was dismissed. In these circumstances, in the mterest ofjustice, as alast and final opportunity to the petitioner,'the order dated 01.05.2014 dismissmg the complaint for want ofappeatana is set aside and the complaint is restored to its original number, subject to^the conditionthatno fiirther indulgenceshall begrantedto thepetitionerby'the
Trial Court, and in case the petitioner does not appear before the learned
Magistrate on the date fixed, the matter may be dismissed. Tliis is further subjectto theconditionthatthepetitionershallpaycostsofRs.3,000/-to;the respondent.
The parties shall appear before the learned Magistrate on 19.02.2015.
Acopy ofthis orderbe communicatedto the learnedMagistrate. '
FEBRUARY 04,2015 VIPIN SANGHI, J sr 2015:DHC:11979
JUDGMENT