Non-speaking order
mohanlal
(Querist) 17 October 2015
This query is : Resolved
FACTS:
A Criminal Petition was filed in a High Court?
The said Petition was dismissed on default due to non-appearance of the petitioner on several occasions?
Then the petitioner preferred an application under 482 of Cr.P.C., assigning reasons for his non-appearance, for the setting aside of the said dismissal order and the restoration of the said petition to file.
The High Court pleased to allow the said application under 482 of Cr.P.C but passed an order without giving any reason therein (i.e. non-speaking Order).
QUERY:
Would it be permissible to restore a Criminal Petition, filed in a High Court and dismissed on default due to non-appearance of the petitioner, by a non-speaking Order (that means without assigning any reason for passing such order?
Any remedy available to seek for the correction of the said non-speaking Order (i.e. for inclusion of the reasons in the order setting aside the said dismissal order and restoration of the said criminal petition?
Any other suggestions?
Anirudh
(Expert) 17 October 2015
If the court is satisfied with the reasons given for non-appearance earlier and restored the petition, that is enough. The very fact that the High Court is satisfied with the reason given is more than sufficient. There need not be any speaking order giving reasons why and how it got satisfied with the reason.
You have to contest the petition on merit now.
Rajendra K Goyal
(Expert) 18 October 2015
High Court has restored the case after being satisfied.
Proceed with the case on merits.
K.S.Srinivas
(Expert) 19 October 2015
Agreed with the experts Sri Anirudh and Sri Goyal.
T. Kalaiselvan, Advocate
(Expert) 22 October 2015
There is no legal infirmity i the high court's order so there is nothing that you can seek a remedy on it. High court has not passed any order on its own, only after perusing the petition and analysing the merits the court has passed this order. Face him in the trial of his criminal petition.
