RANJIT SARKAR versus RAVI GANESH BHARDWAJ AND OTHERS

RANJIT SARKAR versus RAVI GANESH BHARDWAJ AND OTHERS

The Supreme Court held that Section 256 Cr.P.C. applies to days appointed for appearance of the accused; 16.04.2021 was a date fixed for the complainant to show cause and not a day appointed for appearance of the accused, and the Magistrate could not lawfully dismiss the complaint for default on that date given the subsisting High Court stay and the COVID-era SOP. The High Court's order setting aside the Sessions Judge's revisional order was unsustainable; the revisional order was restored, the dismissal set aside, and the complaint and related High Court petition were revived for decision in accordance with law.

Parties
Appellant: Ranjit Sarkar; Respondents: Ravi Ganesh Bhardwaj and Others
Jurisdiction
India
Judgment Date
17 March 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Section 256 Cr.p.c., Non Appearance of Complainant, Dismissal for Default, Stay of Proceedings, COVID Era Court SOP
Criminal Procedure Criminal Law Constitutional Law Section 256 Cr.p.c. Non Appearance of Complainant Dismissal for Default Stay of Proceedings COVID Era Court SOP

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Parties

Ranjit Sarkar

Appellant

Ravi Ganesh Bhardwaj and Others

Respondents

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Judicial Magistrate was justified in dismissing the complaint for default on 16.04.2021 under Section 256 Cr.P.C.
  2. 2 Proper interpretation and scope of Section 256 Cr.P.C. when the date is fixed for a purpose other than appearance of accused
  3. 3 Effect of COVID-era Standard Operating Procedure and interim stay by the High Court on dismissal for default

Ratio Decidendi

The Supreme Court held that Section 256 Cr.P.C. applies to days appointed for appearance of the accused; 16.04.2021 was a date fixed for the complainant to show cause and not a day appointed for appearance of the accused, and the Magistrate could not lawfully dismiss the complaint for default on that date given the subsisting High Court stay and the COVID-era SOP. The High Court's order setting aside the Sessions Judge's revisional order was unsustainable; the revisional order was restored, the dismissal set aside, and the complaint and related High Court petition were revived for decision in accordance with law.

Court Disposition

Appeal allowed

Orders

  • Order dated 15 July 2024 of the High Court in CRR No. 359 of 2023 is set aside.
  • Complaint Case No. 2 of 2017 stands revived and restored to its original file and number.