Sanjay Aggarwal v. Arvind Puri And ORS.

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-32195 of 2016 .....

Date of decision:28.11.2016 Sanjay Aggarwal

...Petitioner

v.

Arvind Puri and others

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Amandeep Singh Manaise, Advocate for the petitioner. .....

Inderjit Singh, J.

This criminal miscellaneous petition has been filed by petitioner under Section 482 Cr.P.C. for quashment of impugned order dated 2.6.2016 (Annexure-P.4) passed by learned Additional Sessions Judge, Gurdaspur in revision upholding the impugned order dated 16.10.2015 (Annexure-P.2) passed by learned Sub Divisional Judicial Magistrate, Batala, vide which criminal complaint No.252 dated 5.11.2012 (AnnexureP.1) for the offences under Sections 420, 468, 219, 198, 199 and 120-B IPC at Police Station City, Batala, has been dismissed in default, the same being wrong, illegal and unjustified.

I have heard learned counsel for the petitioner and have gone through the record.

From the record, I find that a complaint had been filed by the present petitioner against respondents on 5.11.2012. The complainant

Cr. Misc. No.M-32195 of 2016 [2] himself examined on 16.2.2013 and two other CWs, one examined on 20.11.2013 and second on 11.2.2014. The complaint has been pending since 5.11.2012 for preliminary evidence and complainant had taken 14 dates already, but after 11.2.2014 he had not examined any CW. On 4.9.2015, the complainant and his counsel did not appear in the Court and the case was adjourned for 16.10.2015. Again on 16.10.2015, the case was called two times i.e. at about 12.25 p.m. and thereafter in post-noon session at 2.30 p.m., however, since neither the complainant nor his counsel put in appearance on his behalf, in that event, the complaint was dismissed in default for want of prosecution.

Keeping in view the above facts, I find that the orders passed by the Courts below are correct as per law and, in no way, these orders can be held as illegal. The ground of the present petitioner before the revisional Court that he was sick and had gone to take water at about 12.25 p.m. from the Court room was not believed by the Court because the case was called two times on that day.

Keeping in view the above discussion, I find that the orders passed by the Courts below are correct as per evidence and law and no illegality has been committed by the Courts below. Therefore, finding no merit in this petition, the same is dismissed.

November 28, 2016.

(Inderjit Singh) Judge *hsp*

Cr. Misc. No.M-32195 of 2016 [3] NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No