Akash (a) 20 August 2012

Dismissed for want of prosecution

Dear All,

A Criminal Writ filed by the acused for quashing the charge sheet was dismissed with the phrase "Dismissed for want of prosecution". I was the respondent in the writ and the First Informant as well.

I do not understand the term "dismissed for want of prosecution" and greatly appreciate if it could be explained by our learned members.

Many thanks in advance for your time and best wishes for Eid.

Regards

Akash

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5 Replies

rahul (director) 20 August 2012

you lawyers didnt appear on this date, so court dismissed on default.

Akash (a) 20 August 2012

Thank you for a quick response. My lawyer was present, it was the petiotioner's lawyer who has been consistently absent.

How does this affect my standing vis a vis on the writ and the charge sheet ?

Thanks in advance again.

Regards

Akash

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 August 2012

Dismissed for want of prosecution means the accused's advocate did not turn up and hence their claim was dismissed, it has no effect on your standing vis-a-vis the trial. Now the inquiry would go on charges would be framed if there is no discharge, if the proceedings were stayed they would continue.

Akash (a) 20 August 2012

Thank you Mr. Chugh.

Regards

Akash

madhu mittal (director) 21 August 2012

JAIN FISCAL SERVICES PVT.LTD vs SHRI SHANKAR SONI AND ANR

 slp crim 12812 of 2012 order dated 05072012 was dismissed 
for non-prosecution in Supreme Court. Any remedy available
 to me i.e. JAIN FISCAL SERVICES PVT.LTD, the petitioner?