Harkrishan Singh v. Pargat Singh

Delhi High Court · 02 Dec 2022 · 2022:DHC:5504
Dinesh Kumar Sharma
CRL.M.C. 6456/2022
2022:DHC:5504
criminal appeal_allowed

AI Summary

The Delhi High Court restored a criminal complaint dismissed for non-prosecution due to a clerical error in noting the date and technical filing issues, subject to costs and conditions.

Full Text
Translation output
Neutral Citation Number 2022/DHC/005504
CRL.M.C. 6456/2022
HIGH COURT OF DELHI
CRL.M.C. 6456/2022
HARKRISHAN SINGH ..... Petitioner
Through: Mr. Sahil Sharma, Advocate
VERSUS
THE STATE OF NCT THROUGH ITS CHIEF SECRETARY &
ANR. ..... Respondents
Through: Mr. Pradeep Gahlot, APP for the State.
Date of Decision: 02nd December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CM APPL.25168/2022 (exemption)
Exemption allowed subject to all just exceptions.

1. Present petition has been filed for restoration of CC No.2891/2021 titled as Harkrishan Singh (senior citizen) vs. Pargat Singh.

2. Learned counsel for the petitioner submits that the complainant could not appear on the date fixed as the date was wrongly noted down as 31.10.2022 in place of 31.08.2022. Learned counsel submits that only on Neutral Citation Number 2022/DHC/005504 31.10.2022, the complainant came to know that the petition was dismissed in default for non-prosecution on 31.08.2022. Learned counsel for the petitioner further submits that in fact he has filed the documents and the affidavit on the official e-mail ID of the Trial Court but it seems that there was some error.

3. In view of the submissions made, CC No.2891/2021 titled as Harkrishan Singh (senior citizen) vs. Pargat Singh is restored to its original number, subject to payment of costs of Rs.5,000/- to be deposited with the Delhi High Court Legal Services Committee within 7 days. Petitioner shall furnish the receipt before the learned Trial Court.

4. Petitioner is directed to appear before the learned Trial Court on 15th December, 2022.

5. Present petition stands disposed of.

DINESH KUMAR SHARMA, J