Facts of the Case

As recorded in the order, the petitioners, Ritu Mishra and Swadesh Kumar Mishra, had filed criminal miscellaneous petitions before the Delhi High Court challenging proceedings initiated by the Income Tax Department. However, during the pendency of these petitions, the Trial Court had already passed a judgment dated 28.02.2019 convicting the petitioners and also passed the order on sentence.

Issues Involved

  1. Whether the petitions under Section 482 CrPC remain maintainable after conviction and sentencing by the Trial Court.
  2. Whether the High Court should proceed with petitions when the petitioners fail to appear and prosecute the matter.

Petitioner’s Arguments

  • No representation was made on behalf of the petitioners at the time of hearing.
  • It appears from the record that the petitioners did not pursue the petitions after the Trial Court judgment.

Respondent’s Arguments

  • The learned Senior Standing Counsel for the Income Tax Department submitted that:
    • The Trial Court had already delivered judgment on 28.02.2019.
    • The petitioners had been convicted.
    • The order on sentence had also been passed.

Court Findings / Order

  • The High Court observed that:
    • No one appeared on behalf of the petitioners.
    • In view of the conviction and sentencing already passed by the Trial Court, the petitioners appeared uninterested in pursuing the petitions.
  • Final Order:
    • The petitions were dismissed in default.
    • All pending applications were also dismissed.

Important Clarification

  • The High Court did not adjudicate on merits of the case.
  • The dismissal was purely procedural due to:
    • Non-appearance of petitioners
    • Subsequent conviction and sentencing by the Trial Court
  • The appropriate remedy for the petitioners would lie in appeal against conviction, not continuation of Section 482 petitions.
  • High Courts generally do not entertain petitions where litigants fail to appear or pursue remedies diligently.

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2019:DHC:7496/CSH20032019CRLMM38402018_125202.pdf

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