Shiv Dutt Sharma vs Kailash Chand Sharma And Others on 1 April, 2026

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Allahabad High Court

Shiv Dutt Sharma vs Kailash Chand Sharma And Others on 1 April, 2026

Bench: Samit Gopal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:68918
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
CRIMINAL APPEAL No. - 3389 of 1985   
 
   Shiv Dutt Sharma    
 
  .....Appellant(s)   
 
 Versus  
 
   Kailash Chand Sharma And Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Appellant(s)   
 
:   
 
 , V.C. Mishra   
 
  
 
Counsel for Respondent(s)   
 
:   
 
A.G.A.   
 
     
 
 Court No. - 75
 
   
 
 HON'BLE SAMIT GOPAL, J.

1. List revised.

2. No one appears on behalf of the appellant to press this appeal U/s 378(4) Cr.P.C.

3. Sri Bade Lal Bind, learned counsel for the State is present.

4. Notice was issued to the appellant through CJM concerned to engage another counsel vide order dated 02.02.2026. As per office report dated 09.03.2026 a report of CJM, Hathras dated 07.03.2026 has been received stating therein that notice has been served on the appellant. This Court has perused the same.

5. The report dated 07.03.2026 of the Incharge Chief Magistrate, Hathras states that the appellant as of now lives at Kota Road, Gogaji Dham Colony, Kotwali Hathras and notice has been served him. Report dated 07.03.2026 of P.S. Kotwali, District Hathras to the said effect is also enclosed with it which has also been perused.

6. Despite service of notice, no one appears on behalf of the appellant even in the revised list. The Court thus proceeds to decide the matter with the assistance of learned counsel for the State. The trial court records are also tagged with the present file which has also been perused.

7. The present appeal U/s 378(4) Cr.P.C. has been filed by the appellant Shiv Dutt Sharma against the judgment and order dated 02.08.1982 passed by Munsif Magistrate, Hathras dismissing the Complaint Case No. 140/1982 for default and acquitting the accused opposite parties under Section 256(1)Cr.P.C. and with the further prayer to direct the Magistrate concerned to restore the complaint and hear the same.

8. The facts of the case are that a complaint was filed by the appellant under Section 500(i) IPC against the accused respondent nos. 1 to 6 in which statements under Section 200 Cr.P.C. and that of his witnesses under Section 202 Cr.P.C. was recorded. Vide order dated 25.08.1981, the accused respondents were summoned under Section 500 and 501 IPC and the matter was fixed for their appearance. On 04.12.1981, the accused Kailash Chandra appeared and two other accused being accused No. 3 and 4 namely B.R. Sharma and Umashanker Upadhyay filed an application. The matter was then being fixed for appearance the accused. Subsequently vide order dated 02.08.1982 passed by the Judicial Magistrate, Hathras the same was dismissed under Section 256 Cr.P.C. and the accused were acquitted. The present appeal has thus been filed before this Court.

9. Perused the order dated 02.08.1982 of the trial court concerned, perusal of the said order would go to show that on the said date, neither any application moved by the complainant nor there was any appearance on behalf of the complaint, the complaint was thus dismissed under Section 256 Cr.P.C.

10. In view of the same, looking to the facts of the case, there is no illegality or irregularity found in the order impugned and the appeal thus stands dismissed.

11. Pending application(s), if any, stand disposed of.

12. Office to communicate this order to the concerned trial court along with the trial court records within a week for necessary information.

(Samit Gopal,J.) April 1, 2026 M. ARIF

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