OWAIS UMEER VAHEDNA Vs. RASHIDA ANWAR

JUDGEMENT

(1.) Looking to the facts and circumstances of the case, issuance of notice to respondent No.2 is dispensed with. This writ petition is filed by the petitioners/complainant Nos.2 and 3 under articles 226 and 227 of the Constitution of India, 1950, read with Sec. 482 of the Cr.P.C for setting aside the order of dismissal of the private complaint in P.C.R.No.14037/2017 dtd. 30/7/2022 pending on the file of the VIIIth Additional Chief Metropolitan Magistrate for non prosecution.

(2.) Heard learned counsel for the petitioners.

(3.) Learned counsel for the petitioners submit that the petitioner, being the complainant, filed two private complaints, which were numbered as P.C.R.No.14037/2017 and P.C.R.No.104035/2017, and the complainant appeared regularly before the Court, even on the date of dismissal of the private complaint, he was present before the Court, where in the connected matter the Trial Court stated that the complainant was present and adjourned the matter for sworn statement to 29/8/2022. Thereafter, gave one more date, from 29/8/2022 to 26/9/2022. But this case was also called along with the first case, even though he has appeared, the Trial Court dismissed the suit for non prosecution for non-appearance. Hence, prayed for setting aside the order of dismissal.