Deepak Khosla v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2235/2016 DEEPAK KHOSLA ..... Petitioner Through In person.

versus STATE OF NCT OF DELHI ..... Respondent Through Mr.Amit Chadha, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 01.06.2016 The present petition has been filed by the petitioner for restoration of Complaint Case No.64/03/2011 which was dismissed in default for non-prosecution vide order dated 31st October, 2013 by the Court of learned ACMM (Spl. Acts), Central Delhi. Thereafter, the revision petition was filed which was dismissed by the learned Special Judge vide order dated 30th October, 2015 and aggrieved by the same, the present petition has been filed. Argument advanced by the petitioner is that the Division Bench of this Court, vide order dated 24th April, 2012, stayed the pending proceedings or institution of new proceedings in the High Court or District Courts.

It has further been argued by the petitioner that the order dated 24th April, 2012 remained in operation and ultimately, the stay was

vacated by this Court vide order dated 13th January, 2015. The grouse of the petitioner is that during the pendency of the stay of the proceedings, the present CC No.64/03/2011 was dismissed in default.

Further grouse of the petitioner is that the revisional Court has not taken into consideration the stay of the proceedings by the Division Bench of the High Court vide order dated 24th April, 2012. In the facts and circumstances, this Court is of the considered opinion that the dismissal of the complaint being C.C. No.64/03/2011 during the pendency of the stay of the proceedings including the present complaint by the High Court, is not sustainable in the eyes of law.

Consequently, the Complaint Case No.64/03/2011 is restored to its original number.

With the above observation, the present petition is disposed of. P.S.TEJI, J JUNE 01, 2016 dm