Full Judgment Text
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CASE NO.:
Appeal (crl.) 1150 of 2007
PETITIONER:
MADAN LAL KAPOOR
RESPONDENT:
RAJIV THAPAR & ORS
DATE OF JUDGMENT: 31/08/2007
BENCH:
C.K. THAKKER & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO. 1150 OF 2007
(Arising out of SLP (Criminal) No. 3303 of 2006
1. We have heard learned counsel for the parties.
2. Leave granted.
3. This appeal is directed against the order passed by the learned
Single Judge of the High Court of Delhi in Criminal Revision Petition
No. 42 of 2000 dated August 8, 2005. The learned Single Judge
dismissed the Criminal Revision Petition filed by the appellant herein
by the order which reads thus;
"In spite of notice, nobody appears for the
petitioner today. Crl. Rev. P. 42/2000 is accordingly
dismissed in default for non-prosecution."
4. The matter relates to administration of criminal justice. As held
by this Court, a criminal matter cannot be dismissed for default and it
must be decided on merits. Only on that ground the appeal deserves
to be allowed.
5. There is, however, an additional reason also. Earlier when the
petition was dismissed, the aggrieved appellant approached this Court
and in Criminal Appeal No. 309 of 2002 a two-Judge Bench of this
Court by an order dated February 22, 2002 allowed the appeal, set
aside the order of the High Court and observed that the matter should
be decided by the High Court after application of mind and by passing
a reasoned order. Unfortunately, in the impugned order, there are no
reasons and the merits have not been considered at all.
6. Hence, the appeal is allowed. The order of the High Court is
set aside and the matter is remitted back to the High Court. The High
Court will decide the matter on merits. Since the matter is very old,
we request the High Court to decide it as early as possible preferably
within a period of four months.
7. The appeal is allowed accordingly.