Sunder Singh vs Meena Ram
2023 Latest Caselaw 10503 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MMO No.1138 of 2023

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                                                       Decided on : 28.07.2023





    Sunder Singh                                                              ...Petitioner
                                             Versus





    Meena Ram                                                              ...Respondent

    Coram

The Hon'ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?1

For the petitioner : Mr. Mukesh Sharma, Advocate vice Mr. Rajiv Rai, Advocate.

For the respondent : None.

Virender Singh, Judge (oral).

By way of the present petition, under Section 482

of the Code of Criminal Procedure (hereinafter referred to as

'CrPC'), the petitioner has sought the indulgence of this Court

to quash the order dated 11.4.2022, passed by the Court of

learned Judicial Magistrate First Class, Anni, District Kullu,

H.P. (hereinafter referred to as the 'trial Court'), in Case

No.345­3 of 2019, titled Sunder Singh Vs. Meena Ram.

2. The indulgence of this Court has been sought on

the grounds that although, the complainant was served for

Whether Reporters of local papers may be allowed to see the judgment? Yes.

11.4.2022, and he had informed his counsel with regard to the

date of hearing, however, the learned counsel could not put

.

appearance, as he had not entered the case, in the diary

maintained for the purpose. As such, the complaint was

dismissed in default.

3. Perusal of the documents annexed with the

petition shows that the accused, in this case, has not yet been

served. Meaning thereby, the complaint is at the initial stage.

4. Considering the factual position, as well as, the

explanation, as made in the complaint, the present petition is

allowed and the order dated 11.4.2022, is set aside, by

restoring the complaint to its original number.

5. The complainant, through his counsel is directed

to appear before the learned trial Court on 18th August, 2023.

6. Pending application(s), if any, shall also stand

disposed of.

( Virender Singh ) Judge July 28, 2023(ps)