If you get late for a court hearing because of bad traffic jams, don't lose heart. A city court recently allowed a man’s plea to re-consider his dismissed case again as he could not make to the court due to heavy traffic jams.
Citing various High Court judgments, the counsel representing the petitioner said: “The court should not be in a hurry to dismiss a case in default in the early hours of the day. Such instructions have been issued to the subordinate courts by the honourable High Court time and again.”
The court order came on a subordinate court's earlier order, which dismissed the petitioner's case because he was late.
In its revision petition, the petitioner said that he had filed five complaints on February 16, 2008 and all of them were listed for April 10, 2008 for pre-summoning evidence. On that day, he reached the court at about 10.35 a.m. — late by half an hour — and that his case had been dismissed in default.
Setting the magistrate’s order aside, Additional Sessions Judge I.K. Kochchar said: “In the interest of justice, as also in view of the fact that the complaint is yet at its foremost stage and the accused has not been summoned, the revision petition is allowed.”