Delhi District Court
Shri Pawan Kumar vs Shri Anil Sharma on 4 June, 2022
IN THE COURT OF SHRI GIRISH KATHPALIA,
PRINCIPAL DISTRICT & SESSIONS JUDGE (HQs)
TIS HAZARI COURTS, DELHI.
Cr. Revision No. 238/2021
CNRDLCT010161182021
Shri PAWAN KUMAR
S/o Shri BHAGWAT SINGH
R/o H. No. 283, NIMRI COLONY
ASHOK VIHAR, PHASEIV,
DELHI 110052
.....REVISIONIST
VERSUS
1. SHRI ANIL SHARMA
(UDC & COURT DEALING OFFICER)
2. M.S. PREMI
(ADMINISTRATIVE OFFICER)
BOTH POSTED AT ARUNA ASAF ALI
GOVT. HOSPITAL, RAJPUR ROAD
CIVIL LINES, DELHI 110054
3. THE STATE (NCT OF DELHI)
... ..RESPONDENTS
Date of filing : 26.11.2021
First date before this court : 26.11.2021
Date of arguments : 04.06.2022
Date of Decision : 04.06.2022
Appearance : Ms. Sushila Khari, counsel for revisionist
J U D G M E N T (O R A L)
1. The revisionist has assailed order dated 25.01.2020 of the learned Magistrate whereby the complaint under Section 200 CrPC and Cr. Revision No. 238/2021 Page 1 of 4 pages Pawan Kumar vs Anil Sharma the application under Section 156(3) CrPC filed by the revisionist alleging offence under Section 381/34 IPC was dismissed in default. Since the complaint case was dismissed in default prior to issuance of summoning order, there is no need to issue notice of this revision petition to the proposed accused persons, arrayed as respondents. I have heard learned counsel for petitioner and examined the trial court record.
2. It is submitted on behalf of the revisionist that on 25.01.2020, the revisionist could not appear before the magisterial court since his father had suffered heart attack. Although, the revisionist has not placed on record any document to show that his father suffered a heart attack on 25.01.2020, I have examined the trial court record.
3. The complaint case of revisionist was filed on 01.06.2019 and on the application under Section 156 (3) CrPC status report was called from the local police. On 01.11.2019, arguments under Section 156(3) CrPC were heard and the learned magistrate posted the matter to 20.11.2019 for clarifications if any or orders. But before 20.11.2019 learned magistrate got transferred and the court was vacant on 20.11.2019. On 20.11.2019, none appeared for the revisionist and the link magistrate posted the matter to 19.12.2019. When on 19.12.2019 also none appeared, the learned magistrate issued court notice to the revisionist for 25.01.2020. On 25.01.2020, after waiting till 04:00 pm, the learned magistrate dismissed the complaint in default and for failure to prosecute. Hence, the present revision.
Cr. Revision No. 238/2021 Page 2 of 4 pages
Pawan Kumar vs Anil Sharma
4. Not just that the revisionist has not produced even a shred of documentary evidence regarding the alleged heart attack suffered by his father, there is also no explanation for the failure of counsel for revisionist in appearing before the learned magistrate on 25.01.2020 or the previous dates. As reflected from record, on 03.01.2020 the revisionist was served with even a Court Notice for the date of 25.01.2020. In order to understand as to why the revisionist would not diligently prosecute his complaint, I also examined the contents of the complaint case and the status report filed by the police.
5. In view of above circumstances, I am unable to disagree with the findings of the learned magistrate that the revisionist is not interested in prosecution of the complaint. But at the same time, learned counsel for revisionist on instructions assures that henceforth there shall be no default and the revisionist shall pursue his complaint case with due diligence.
6. Therefore, the revision petition is allowed and the complaint case of the revisionist is restored subject to the revisionist depositing cost of Rs. 5000/ online with www.bharatkeveer.gov.in, the website of the Ministry of Home Affairs of the Government of India within one week.
7. The revisionist shall appear before the learned trial court on 07.06.2022 at 02:00 pm. Cr. Revision No. 238/2021 Page 3 of 4 pages Pawan Kumar vs Anil Sharma
8. Trial court record be sent back alongwith copy of this judgment and file be consigned to records.
Announced in the open court on this 04th day of June, 2022 (GIRISH KATHPALIA) Principal District & Sessions Judge (HQs) Tis Hazari Courts, Delhi Cr. Revision No. 238/2021 Page 4 of 4 pages Pawan Kumar vs Anil Sharma