Invest One Hour Of Community Service: Madhya Pradesh High Court To Lawyer Praying For Case Restoration Due To Default
|The Madhya Pradesh High Court permitted the reinstatement of a previously dismissed criminal case due to the non-appearance of the counsel imposing a suggestion to invest one hour to community service in a mercy home. A petition had been filed earlier this year challenging a trial court's decision, which had taken cognizance against the petitioner under various sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case had been dismissed in default in February when the lawyer was unable to attend court due to prior commitments.
A Bench of Justice Anand Pathak suggested that the lawyer involved undertake one hour of community service at a children’s home, specifically the Mercy Home in Gwalior. The Court said, “This community service of one hour would not only be satisfying to the soul but would also give a message to the differently abled children that society and its members care for them and that they are not considered as the children of the Lesser God.”
Advocate Smrati Sharma appeared for the Petitioner and Advocate Siraj Qureshi appeared for the Respondent.
The Court made it clear that the lawyer could choose to comply with this suggestion voluntarily. However, it directed the lawyer to submit a report within 15 days detailing her experience after visiting the children’s home. Additionally, the Court instructed the lawyer to provide information about the home's status and offer any necessary suggestions.
Upon receiving the report, the Court decided that the criminal case would be reinstated. The Court's order also stated that the restoration of the case was contingent upon the lawyer paying a fine of Rs. 1,000. The Court noted, “Graceful enough in her disposition, suggestion is readily accepted by counsel for the applicant and she undertakes not only to visit the aforesaid place but to carry sufficient food items and spend one hour time with them to understand them and to satisfy herself while doing such a pious work.”
The petition for restoration was allowed by the High Court.
Cause Title: Narendra Upadhyay v. Narendra Singh & Ors.
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