L G Dass v. State & Ors.

1. This is the criminal leave petition filed by the petitioner against the order of learned MM dated 30.10.2017 vide which the complaint case NO. 111/2014 was dismissed for non-prosecution.

2. Learned counsel for the petitioner has prayed that on 30.10.2017, the case was remanded back from learned ASJ on a revision petition filed by him against the order dated 19.08.2017 by the learned MM, vide which his application for summoning witnesses was dismissed. 2019:DHC:5886

3. Learned counsel for the petitioner further states that the matter was remanded back for 30.10.2017. The petitioner had reached the court during morning session, he however did not find the case in the ‘Cause List’ for 30.10.2017. Learned counsel for the petitioner has also placed the copy of the Cause List of 30.10.2017. Learned counsel for the petitioner submits that his absence before the learned MM was neither intentional nor deliberate. He had appeared after lunch before learned M.M., however by that time, the case was already dismissed in default for non-prosecution.

4. Learned counsel for respondent No.2 opposes the petition and states that there are no grounds to allow the petition and it be dismissed in the interest of justice. Learned counsel for the respondent further submits that the petitioner is a habitual absentee and does not appear in the court and has always been interested in prolonging the case unnecessarily.

5. Learned counsel for the petitioner has disputed the above fact.

6. I have considered the rival submissions and perused the Cause List dated 30.10.2017, which is placed on record. It is a fact that the case was not listed in the cause list for 30.10.2017. Affidavit of petitioner to this effect has been filed.

7. In view of the above submission of learned counsel for the petitioner and in view of the fact that absence of the petitioner before the learned Trial Court was neither intentional nor deliberate, the present criminal leave petition is allowed.

8. The matter is directed to be registered as a Criminal Appeal. CRL.A....../2019 (to be numbered)

1. The Registry is directed to number the appeal.

2. Admit.

3. Learned counsel for the petitioner prays that it will be in the interest of justice if the case is decided on merit rather than it being dismissed for non-prosecution.

4. Learned counsels for the respondents state that they have no objection if the appeal is allowed. However, direction should be passed to dispose of the matter expeditiously.

5. Heard. In view of the fact that it is in the interest of justice if the case is decided on merit, rather than it being dismissed in default, and also in view of the fact that petitioner’s absence was neither intentional nor deliberate, the appeal is allowed. In the interest of justice, learned MM is directed to conduct the trial as expeditiously as possible and no unnecessary adjournments should be given to the parties.

6. Both the parties are directed to appear before the court of concerned learned MM at Karkardooma Court, New Delhi, on 29.11.2019 at 2:30 PM.

7. The appeal stands allowed.