In a significant ruling, the Rajasthan High Court has clarified that Lok Adalats do not possess the authority to dismiss cases due to the non-appearance of parties. The judgment was delivered by Justice Arun Monga in the case of Kripal Singh v. State of Rajasthan (S.B. Criminal Misc(Pet.) No. 3707/2024).
Background of the Case
The petitioner, Kripal Singh, was aggrieved by an order dated April 19, 2022, passed by the Lok Adalat. The case originated from a complaint filed by the Station House Officer (SHO) under Section 145 of the Criminal Procedure Code (Cr.P.C.), which was initially allowed by the Sub-Divisional Magistrate (SDM) on February 10, 2020. Kripal Singh subsequently filed a criminal revision petition before the Sessions Court, which referred the matter to the Lok Adalat for settlement under the Legal Services Authorities Act, 1987.
Legal Issues Involved
The core legal issue in this case was whether a Lok Adalat has the jurisdiction to dismiss a case for non-appearance of the parties involved. This question was examined in light of Section 20(5) of the Legal Services Authorities Act, 1987, which outlines the procedure to be followed when no compromise or settlement is reached.
Court’s Decision
Justice Arun Monga, in his detailed judgment, emphasized the statutory mandate of Section 20(5) of the Legal Services Authorities Act, 1987. The provision explicitly states that if no award is made by the Lok Adalat due to the failure to reach a compromise or settlement, the case record must be returned to the referring court for further proceedings in accordance with the law.
Key Observations:
1. Jurisdiction of Lok Adalats: Justice Monga observed, “The learned Lok Adalat clearly exceeded its jurisdiction in passing the impugned order, as it is not vested with such powers to dismiss a case in default.”
2. Statutory Mandate: He further noted, “The above provision [Section 20(5)] clearly envisages that in case of no settlement, the Lok Adalat is statutorily mandated to return the file to the concerned court for further proceedings in accordance with law.”
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Outcome
The High Court set aside the impugned order dated April 19, 2022, passed by the Lok Adalat in Criminal Misc. Case No. 192/2024. The petitioner’s revision petition (No. 15/2023) was restored to its original status, allowing Kripal Singh to approach the concerned court for further proceedings.
Representation
– For the Petitioner: Mr. Moti Singh
– For the Respondent: Mr. Gaurav Singh, Public Prosecutor
