Himachal Pradesh High Court
CRMPM/1231/2026 of SURESH KUMAR Vs RAMESH KUMAR on 8 October 2026
Ramesh Kumar Cr. MP(M) No. 1231 of 2026 Reserved on: 25.9.2026 8.10.2026 Present: M/s Jagat Paul and Harish Kumar, Advocates, for the petitioner. Cr.MP(M) No.1231 of 2026 Keeping in view the averments made therein, the present application is considered and allowed, and the delay in filing the
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Suresh Kumar vs. Ramesh Kumar Cr. MP(M) No. 1231 of 2026 Reserved on: 25.9.2026 8.10.2026 Present: M/s Jagat Paul and Harish Kumar, Advocates, for the petitioner. Cr.MP(M) No.1231 of 2026 Keeping in view the averments made therein, the present application is considered and allowed, and the delay in filing the appeal is ordered to be condoned. The present application stands disposed of. Cr. MP(M) No. 1232 of 2026 Heard. Section 279 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) provides that if the summons has been issued on a complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days to the complainant to be present, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day. In the present case, the certified copies of the order sheets show that the accused had been summoned.
The matter was listed before the Lok Adalat; however, no reconciliation could be effected. The matter was listed for putting the notice of accusation on 20.9.2025, when the accused did not appear, and non-bailable warrants of arrest were issued. None appeared for the parties on 2.3.2026, and the Court dismissed the complaint for non-prosecution. Prima facie, the requirements of Section 279 of BNSS have not been complied with. Issue notice to the respondent, returnable within four weeks on taking steps within one week. (Rakesh Kainthla) Judge 8th October, 2026 (Chander)