2008 Supreme(Raj) 1581
RAJASTHAN HIGH COURT
H.R.Panwar, J.
State of Rajasthan - Appellant
Versus
M/s Gorisariya Pesticides & Fertilizers and Ors. - Respondent
S.B. Criminal Misc. Petition No. 967 of 2006.
Decided On : 19-02-2008
Advocates:
For the Party: L.R. Upadhyay, Public Prosecutor.
For the Respondents:N.L. Joshi, Advocate.
Headnote:Criminal Procedure Code, 1973, S.482 – Petition for restoration of the complaint which was dismissed in default, dismissed, held – Neither the Complainant nor the counsel appeared on the earlier date and the following date, therefore the Trial rightly exercising the power dismissed the Complaint.
JUDGMENT
1. - Heard learned counsel for the parties. Perused the order impugned.
2. It appears that the complaint has been dismissed in default as neither complainant nor counsel for the complainant appeared.
3. From the perusal of the order impugned and the events as noticed in the record, in my view, the trial court has option either to dismiss the complaint or adjourn the matter to some other date, but in the instant case earlier also the complainant failed to appear and therefore, the trial court had exercised the power of dismissal of the complaint which cannot be erroneous, when neither the complainant nor counsel for the complainant appeared. On earlier occasion, the application seeking exemption was also dismissed.
4. No case for interference is made out. The criminal misc. petition is, therefore, dismissed.Petition Dismissed
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