Source: Delhi High Court

Why in News?

Justice Amit Sharma has observed that the words ‘other persons’ under Section 401(2) Code of Criminal Procedure, 1973(CrPC) cannot be construed as wide enough to include persons not affected by the order challenged in the revision petition.

• The Delhi High Court gave this judgment in the case of M/s Bennett Coleman & Co Ltd & Ors v. State (NCT of Delhi) & Anr.

What is the Background of M/s Bennett Coleman & Co Ltd & Ors v. State (NCT of Delhi) & Anr. Case?

• A criminal complaint under Sections 499/500/501/502 of the Indian Penal Code,1860 (IPC) was filed against the petitioners and others by respondent No.2/FIITJEE Ltd. before the Metropolitan Magistrate.
• The petitioners had been summoned and the complaint was pending against them and was dismissed for non-prosecution qua other accused.
• The dismissal order was challenged in revision by FIITJEE.
• The court held that the petitioners had no locus standi to challenge the impugned order passed in respect of co-accused persons as the order could not be stated to have been on merits under Section 203 CrPC, which is at a pre-summoning stage.
• It was observed that the complaint was dismissed qua other accused persons for ‘non-prosecution’, not on merits. The dismissal order did not affect the case pending against the petitioners.

What were the Court’s Observations?

• An order dismissing the complaint for non-prosecution or in default, which is made the subject matter of the revision, cannot be equated with “revision petitions” that are filed on substantive grounds or touch on the merits.
• The order dismissing the complaint for default or non-prosecution does not touch upon the factual or legal merits of the complaint.

What is Section 203 of CrPC?

• Section 203: Dismissal of Complaint.
  • If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under Section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.
  • Section 202 of CrPC deals with ‘Postponement of issue of process’.