H N AFROZ AZZADI Vs. SRIRAM MAJOR

JUDGEMENT

(1.) Criminal Revision Petition No.456/1989 is filed against the order of dismissal of the appeal filed by the appellant before the Sessions Court being aggrieved by an order passed by the trial Court, whereas the other Criminal Petition is filed against the order of the Sessions Court dismissing the revision petition filed by him before it, being aggrieved by the order of dismissal of the complaint filed by him in the trial Court.

(2.) Both the appeal as well as the revision petition had come up for hearing on two previous occasions and on 21-9-1989 when the appellant or the revision petitioner as the case may be, was not present, both of them were dismissed for default. Subsequently, interlocutory applications were filed for restoration of the same. But it is undisputed that after these petitions were filed, those applications came to be withdrawn.

(3.) The petitioner's counsel contends that the orders of the Sessions Court are not sustainable in view of the settled position that neither the appeal nor a Criminal Revision Petition can be dismissed for default, but should be disposed of only on merits, even if the petitioner or the appellant as the case may be, or his counsel is absent. It is contended for the respondent in both the petitions that in the first instance the petitioner intends only to harass the respondent and secondly that the Courts have jurisdiction to dismiss for default.