VidhiSangh

Supreme Court of India · 17/03/2025

RANJIT SARKAR versus RAVI GANESH BHARDWAJ AND OTHERS

[2025] 3 S.C.R. 1448 · 2025 INSC 415

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Summary

A complaint under Section 304A IPC alleging medical negligence was dismissed for default by the Magistrate during the Covid period while the High Court's stay of the proceedings was in force; a High Court judge then observed that the proper course under Section 256 CrPC was an acquittal, and when the Sessions Judge in revision restored the complaint, another High Court judge quashed that order as sitting in appeal over the earlier observation. The Supreme Court held that an acquittal under Section 256 CrPC follows only where the complainant is absent on a day appointed for the appearance of the accused (or an adjourned hearing) and the accused are present, not on a date fixed for showing cause; that the dismissal was itself without jurisdiction given the stay and the High Court's Covid SoP; and restored the complaint and the accused's pending quashing petition.

Issues

  1. Whether the Magistrate could dismiss the complaint for default on 16.04.2021 while the High Court's stay of the proceedings and its Covid-period Standard Operating Procedure directing that matters not ordinarily be dismissed for default were in force.
  2. Whether an acquittal under Section 256 CrPC follows from the complainant's absence on a date fixed only for showing cause against dismissal, when the accused were themselves not present.
  3. Whether the High Court could quash the Sessions Judge's revisional order restoring the complaint on the ground that it sat in appeal over an earlier observation of the High Court on the interpretation of Section 256 CrPC.

Provisions considered

Held

Result

Appeal allowed to the extent indicated; the High Court's order dated 15.07.2024 in CRR 359 of 2023 set aside and Complaint Case No. 2 of 2017 revived; under Article 142 the order dated 09.09.2021 disposing of CRR 2327 of 2018 also set aside and that petition restored, to be decided first, preferably within six months, parties to appear before the roster bench on 17.04.2025, the complaint then to proceed according to its result; merits not examined; Registry to inform the Registrar General; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1448.