High Court Of ChhattisgarhCRR/409/2021allowed

Anujram Sidar v. Smt. Manorma Sahu

2021-07-07Hon'Ble Shri Justice Naresh Kumar Chandravanshi5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.R. No. 409 of 2021 Anujram Sidar, S/o- Hemlal Sidar, aged about 31 years, R/o- Bajnipali, Post- Salheona, P.S.- Sariya, Tehsil - Baramkela, District Raigarh (C.G.), current R/o - House Father, Bal Sampreshan Grah, near new Dhaba, Rajnandgaon, District Rajnandgaon (C.G.) ---- Applicant

Versus

Smt. Manorma Sahu, W/o- Anujram Sidar, aged about 33 years, R/o - Bajnipali, Post- Salheona, P.S.-Sariya, Tehsil - Baramkela, District - Raigarh (C.G.), current R/o - Village - Patrapali, Post Patrapali, P.S. -Chakradhar Nagar, Tehsil & District - Raigarh (C.G.) ----Respondent For Applicant : Mr. Krishna Tandon, Advocate For Non-applicant : None present. Hon'ble Shri Justice N.K. Chandravanshi Order On Board 07.07.2021 (1) Proceedings of the matter have been taken-up through Video Conferencing.

(2) This revision petition has been preferred against the order dated 06.3.2021 passed by learned Family Court, Raigarh in M.J.C. (Criminal) No. F-07/2020 whereby on the ground of non-appearance of the applicant, application filed by him under Section 126 (2) of the Cr.P.C. was dismissed. (3) Learned counsel for the applicant would submit that on an application made by non-applicant under Section 125 of the Cr.P.C., on 7.1.2020 ex-parte order was passed by learned Judge, Family Court, Raigarh in M.J.C (Cr.) No.

133/2019. He would further submit that the applicant had filed an application under Section 126 (2) of the Cr.P.C. before the Family Court, Raigarh for setting aside the ex-parte order and for affording due opportunity of hearing to the applicant on merits of the case. He would also submits that the applicant was appearing on each date of hearing, but due to Covid-19 pandemic situation and lock-down period, he could not appear on 6.3.2021, therefore, application under Section 126 (2) of Cr.P.C. was dismissed by Judge, Family Court, Raigarh for want of prosecution. He further argued that non-appearance of the applicant on 6.3.2021 was bonafide and unintentional, therefore, he prayed that the impugned order dated 6.3.2021 be set aside and the matter be decided on merits after affording due opportunity of hearing to the parties concerned. (4) I have heard learned counsel appearing for the applicant and perused the documents available on record including impugned order with utmost circumspection.

(5) Perusal of the certified copy of order sheet of M.J.C. (Cri.) No. F-07/2020 would show that applicant was appearing personally on each date of hearing but only on his non-appearance on 6.3.2021, the application under Section 126(2) of the Cr.P.C. was dismissed by the learned Judge, Family Court, Raigarh for want of prosecution. Those days, are of-course pandemic days and lock-down period and the applicant wants fair and bi-parte trial of the case. Therefore, looking to the afore-stated reasons, I am inclined to allow the revision petition. (6) In view of above, criminal revision is allowed. Order dated 6.3.2021 passed by the court below rejecting the application filed by the applicant under Section 126 (2) of the Cr.P.C. for want of prosecution, is set aside. It is directed

the M.J.C. (Cr.) No. F-07/2020 [Anujram Sidar v. Manorama Sahu] be restored to its original number and the matter be decided on merits after affording due opportunity of hearing to the parties, in accordance with law. Sd/- (N.K. Chandravanshi) Judge D/-

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Proceedings through Video Conferencing Criminal Revision No. 409 of 2021 Anujram Sidar Versus Smt. Manorma Sahu Mr. Krishna Tandon, counsel for the applicant. 07/7/2021 Learned Counsel appearing for the Applicant would submit that he does not want to press on the relief seeking setting aside the order dated 7.1.2020 passed by Judge, Family Court, Raigarh in M.J.C. Case No. 133/2019 {Smt. Manorama Sahu v. Anuj Ram Sidar} in this revision petition. Accordingly, the criminal revision is dismissed as not pressed so far as it relates to order dated 7.1.2020 passed by Judge, Family Court, Raigarh in M.J.C. Case No. 133/2019.

Looking to the submission made by counsel for the applicant, this revision petition will remain for consideration only pertaining to order dated 6.3.2021 passed by the Judge, Family Court, Raigarh in M.J.C. (Cr.) No. F-07/2020. Detailed order passed separately with regard to order dated 6.3.2021 passed by the Judge, Family Court, Raigarh in M.J.C. (Cr.) No. F-07/2020. Sd/- (N.K. Chandravanshi) Judge D/-