Crl. Misc. No. M-18220 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18220 of 2010 (O&M) Date of Decision: June 30, 2010 Vipin Kumar ........Petitioner Versus Kehar Singh and others .......Respondents CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. B.R. Gupta, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 24.3.2008 (Annexure P-4) passed by the learned judicial Magistrate, 1st Class, Dasuya, whereby he wrongly dismissed in default the Complaint No.50 of 26.4.2005 filed by the petitioner under Sections 463,468,471,420 IPC read with Section 120-B IPC against the respondents and for a direction to the learned trial Court to proceed with the said complaint in accordance with law. Learned counsel for the petitioner has submitted that the petitioner had been appearing before the trial Court on all the dates, but due to inadvertence he could not appear before the trial Court on 24.3.2008 and his complaint was ordered to be dismissed in default. After hearing the learned counsel for the petitioner, I am of the opinion that no ground for interference by this Court is called for. Admittedly, the complaint filed by the petitioner was listed for Crl. Misc. No. M-18220 of 2010 (O&M) 2 pre-charge evidence on 24.3.2008. Petitioner, however, failed to appear on that date. All the accused were present. In these circumstances, the learned trial Court had no other option but to dismiss the complaint in default. Moreover, there is no explanation as to why the impugned order which was passed on 24.3.2008 had been challenged after a long period. Dismissed. (SABINA) June 30, 2010 JUDGE Anand