Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The Appellant lodged a complaint for offence committed under Section 304A of Indian penal Code, 1860 alleging that it was due to the criminal medical negligence of the hospital and the doctors attending on his son that he could not survive the hemorrhage caused by fall from staircase.The Respondents were arrayed as some of the Accused in the complaint. Upon service of summons on them, the Respondents approached the High Court by presenting an application seeking quashing of such summons. Upon hearing the petition, a Judge of the High Court stayed proceedings before the Judicial Magistrate. Thereafter, national lockdown was clamped owing to outbreak of COVID. The Standard Operating Procedurefor functioning of courts was circulated. Despite proceedings of the complaint having been stayed by the High Court and despite the subsistence of the SoP, duly notified, the Judicial Magistrate called the complaint case. Despite repeated calls, the Appellant had remained absent. Accordingly, the Judicial Magistrate required the Appellant to show-cause why the complaint shall not be dismissed and, accordingly, fixed date for his response.The Appellant was attacked by the COVID virus and was under medical treatment owing to which he had not risked his life by appearing before the Judicial Magistrate. Thus, he was again found absent. The Judicial Magistrate dismissed the complaint for default.
Code of Criminal Procedure, 1973; Section 256 (corresponding to Bharatiya Nagarik Suraksha Sanhita, 2023; Section 279) - Non-appearance of a complainant will not always result in the acquittal of the accused. Acquittal under this section is warranted only when the complainant is absent on the date which was set for the appearance of the accused. If the date was set for a purpose other than the appearance of the accused, the absence of the complainant on such a date will not warrant the acquittal of the accused. (Para 19 & 20)
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1593 of 2025 (Arising out of SLP (Crl.) No. 205 of 2025)
Decided On: 17.03.2025
Ranjit Sarkar Vs. Ravi Ganesh Bhardwaj and Ors.
Hon'ble Judges/Coram:
Dipankar Datta and Manmohan, JJ.
Author: Dipankar Datta, J.
Citation: 2025 INSC 415,MANU/SC/0410/2025.
1. Leave granted
