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DIPANKAR DATTA, MANMOHAN
Ranjit Sarkar – Appellant
Versus
Ravi Ganesh Bhardwaj – Respondent
Key Points: - (!) The judgment interprets Section 256, Cr.P.C. to determine when acquittal of the accused is warranted due to non-appearance, specifically noting it must be on the day appointed for the appearance of the accused. - (!) It holds that if the date fixed is for a purpose other than appearance of the accused, non-appearance of the complainant does not automatically lead to acquittal of the accused, and dismissal for default may be appropriate only under correct circumstances. - (!) The Court finds that the High Court’s July 15, 2024 order interfered with prior observations and effectively allowed an order of acquittal contrary to the earlier observation, constituting grave miscarriage of justice. - (!) The Court revives Complaint Case No. 2 of 2017 and sets aside the High Court’s disposal of CRR No. 359 of 2023, directing revival of the case on the Judicial Magistrate’s file. - (!) It directs revival of CRR No. 2327 of 2018 and mandates the High Court to decide it within six months, with appearance before the roster bench on a specified date. - (!) It clarifies that the interpretation of Section 256, Cr.P.C. is not to be read as an automatic acquittal for non-appearance when the non-appearance is due to circumstances not tied to fixed appearance, such as stay orders or exceptional situations. - (!) The judgment acknowledges multiple remedies available to challenge a dismissal for default, including revisions, CRRs, and constitutional provisions (Art. 142), and condemns improper appellate-like interference by lower courts with this Court’s observations. - (!) The judgment emphasizes that the stay orders and operative SOPs during COVID affected the theater of proceedings and cannot be used to justify improper acquittals or dismissals without proper procedure. - (!) It confirms that the accused can be revived to contest the matter as per law, and the matter shall proceed in accordance with law as early as possible.
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted.
2. This appeal, inter alia, tasks us to interpret Section 256 of the Code of Criminal Procedure, 19731[Cr. PC].
3. The appellant’s son, holder of a degree of Doctor of Philosophy, died relatively young at the age of 36 years. Such unfortunate death was preceded by a traumatic fall that he had from a staircase on 10th July, 2014. The appellant had his son immediately admitted to a private hospital at Dum Dum, Kolkata. However, according to the appellant, it was due to the criminal medical negligence of the hospital and the doctors attending on his son that he could not survive the hemorrhage caused by such fall.
4. Apart from proceedings initiated elsewhere, the appellant lodged a complaint under Section 200, Cr. PC before the 4th Court of Judicial Magistrate, Barrackpore, North 24 Parganas, Kolkata2[Complaint Case No.2/2017] alleging offence committed under Section 304-A, Indian penal Code, 18603[IPC]. The Judicial Magistrate upon recording the statement of the appellant on oath, issued process under Section 204(1), Cr.PC against, inter alia, the respondents for alleged commission of offence under Section 304A, Indian Penal Code, 1860.
5. T
To provide an accurate analysis, please note that you have provided the case citation Gopal Prasad Sharma vs State of U.P. - 2026 0 Supreme(All) 147: Ravi Ganesh Bhardwaj, but the associated **judicial treatment history, subsequent citations, and descriptive metadata** (i.e., the text detailing how this case was treated by subsequent courts) were not included in your prompt.
Based strictly on the provided list of case laws, here is the analysis:
None identified. The provided list does not contain information regarding subsequent history or negative treatment for the case *Ravi Ganesh Bhardwaj*.
No other categories can be established, as the provided list does not contain the treatment history (e.g., "followed," "distinguished," etc.) necessary to categorize this case under the requested framework.
**Gopal Prasad Sharma vs State of U.P. - 2026 0 Supreme(All) 147: Ravi Ganesh Bhardwaj**: The treatment status of this case is currently **uncertain**. While it is listed as a case law, there is no information provided regarding its subsequent judicial treatment. Without records indicating how later courts have cited, distinguished, or overruled this decision, it is impossible to categorize it as good or bad law.
**Note to the user:** Please provide the full case report, database record, or citation history (including subsequent judicial history or treatment notes) for the listed case if you would like me to conduct a full substantive categorization.
Non-appearance of complainant – If date is not appointed for appearance of accused but for some other purpose, acquittal of accused does not necessarily follow as logical result of absence of complai....
The absence of a complainant's advocate does not justify automatic dismissal of a case if evidence is on record and the accused is avoiding service.
Magistrate is not justified in straight away dismissing complaint(s) and ordering acquittal of accused on mere non-appearance of complainant.
The instructions issued by the High Court regarding the dismissal of complaints for default are directory in nature and not mandatory.
The main legal point established in the judgment is that the absence of the complainant should not lead to the discharge of the accused without considering the evidence already adduced by the complai....
Application which contain some assertion should be verified by person making statements for holding such person responsible regarding its genuineness – However, there is no provision which makes such....
Power of Magistrate under Sec.256 Cr.P.C to acquit an accused should be exercised judicially, based on a definite conclusion that complainant no longer desires to prosecute complaint.
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