INDEPENDENT NEWS SERVICE PVT LTD Vs. STATE

JUDGEMENT

(1.) IN the above -captioned two petitions, quashing of impugned order of 13th September, 2011 (vide which respondent's complaint, which was dismissed in default, has been restored for hearing) is sought. In the alternative, quashing of complaint No.1486/1 of 2007 under Sections 385/469/471/500/509/511/120 -B and 34 of IPC and summoning order of 29th March, 2008 is sought on merits. However, during the course of hearing, aforesaid alternate prayer was not pressed and impugned order of 13th September, 2011 alone was assailed.

(2.) WITH the consent of learned counsel for parties, the above - captioned two petitions were heard together and are being disposed of by this common judgment as they are directed against the common impugned order of 13th September, 2011.

(3.) RELIANCE was placed by learned senior counsel for petitioners upon decisions in Ravi Sharma v. State (NCT of Delhi) 2009 (113) DRJ 494 and Kalpana Tyagi v. Sneh Lata Sharma (2003) 104 DLT 127 to contend that when in the absence of complainant, complaint is dismissed in default, then statutory appeal under Section 378 (4) of Cr.P.C. lies and not a revision petition.