JOGINDER KUMAR Vs. JAWAHAR LAL

JUDGEMENT

(1.) ALLOWED, subject to the deficiency being rectified.

(2.) THIS is a leave to appeal filed by the petitioners under Section 378 Cr.P.C. against the order dated 21.10.2011 passed by the learned Metropolitan Magistrate, Saket Courts, New Delhi, dismissing the complaint titled Joginder Kumar & Other �vs- SHO, P.S. Lajpat Nagar & Other.

(3.) THE Court directed the petitioners to file the previous order sheets. A perusal of the order sheets show a pathetic state of affairs inasmuch as the petitioners, after filing of the complaint, had not been very vigilant in pursuing their complaint. They have not been appearing in Court, although the accused persons were invariably attending it. This is evident from the fact that on 3.2.2010, 23.7.2010, 30.11.2010, 4.2.2011, 21.2.2011, 1.6.2011 and 27.9.2011 there was no appearance on behalf of the petitioners, either in person or through their counsel, although the accused persons were duly represented by their counsel. On 27.9.2011, the matter was adjourned to 21.10.2011. On 21.10.2011, as nobody had appeared, the Court, after waiting till 2:00 P.M., dismissed the complaint in default as well as for want of prosecution.