ANKUR ARORA @ LUCKY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THE Petitioner invokes the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for setting aside of the order dated 11.11.2011 passed by the learned Metropolitan Magistrate ('MM') whereby the Petitioner's complaint filed against Respondents No.2 and 3 for offences under Sections 323/341/506/34 of the Indian Penal Code (IPC) was dismissed in default. The Petitioner preferred a Revision Petition under Sections 397/401 Cr.P.C. before the learned Additional Sessions Judge ('ASJ') which came to be dismissed by an order dated 16.12.2011.

(2.) THE ground taken up by the Petitioner for setting aside of the order dated 11.11.2011 is that on the earlier said date, the Petitioner (the Complainant before the Trial Court) was present outside the Court and he had to suddenly leave the Court because of some urgent work. The Counsel for the Petitioner as well as his associate was informed by the Reader of the Court that the file was not traceable and that the case had already been adjourned. The associate counsel of the Petitioner's counsel reached the Court after lunch and she came to know that the Complaint was dismissed for non prosecution.

(3.) AS per Section 482 Cr.P.C. the powers under this Section can be exercised by the High Court to make (i) such orders as may be necessary to give effect to any order under this Code; (ii) to prevent abuse of the process of law; and (iii) otherwise to secure the ends of justice.