The High Court has reaffirmed that lack of appearance by the petitioner or their counsel on consecutive dates amounts to non-prosecution and justifies dismissal of the petition. This maintains existing precedent on judicial discretion in managing the court’s docket and is binding authority for similar matters in all subordinate courts within the High Court’s jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/48764/2025 of AMANDEEP SINGH ALIAS RAJA Vs STATE OF PUNJAB AND OTHERS |
| CNR | PHHC011251552025 |
| Date of Registration | 30-08-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MS. JUSTICE AARADHNA SAWHNEY |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within jurisdiction |
| Type of Law | Criminal Procedural Law |
| Ratio Decidendi |
The High Court held that repeated failure of appearance by the petitioner or counsel demonstrates lack of interest in prosecuting the petition. Accordingly, the petition is liable to be dismissed for non-prosecution. No further proceedings are warranted on merits in such instances. All pending miscellaneous applications also stand disposed of. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of Punjab and Haryana High Court |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Reiterates that petitions may be dismissed for non-prosecution if neither the petitioner nor counsel appears on multiple consecutive dates.
- Alerts advocates and litigants that failure to appear without sufficient cause risks outright dismissal regardless of merits.
- All pending miscellaneous applications are disposed of when the main petition is dismissed for non-prosecution.
Summary of Legal Reasoning
- The court noted the absence of the petitioner and counsel on two consecutive hearing dates.
- Concluded from the record that the petitioner is not interested in pursuing the petition.
- Exercised its discretionary power to manage pending matters and judicial resources by dismissing the petition for non-prosecution.
- All pending related/miscellaneous applications were also disposed of as a consequence.
Factual Background
- The petition was filed before the High Court of Punjab and Haryana.
- On 02.09.2025 and 28.10.2025, neither the petitioner nor their counsel appeared.
- The court, observing lack of interest in pursuing the matter, dismissed the petition for non-prosecution.
Statutory Analysis
- The judgment does not expressly refer to or interpret any statutory provision; it proceeds on the court’s inherent power to dismiss cases for want of prosecution.
Procedural Innovations
- Formal reiteration that all pending miscellaneous applications are disposed of when a petition is dismissed for non-prosecution.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms existing judicial practice regarding dismissal for non-prosecution.