NATHU SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order dated 29.7.1998 of the learned Additional Sessions Judge dismissing Crl. A. No. 49 of 1996 arising out of the order of the learned Metropolitan Magistrate, whereby the learned Magistrate held the petitioners guilty under Section 447/34 IPC and further vide separate order sentenced them to undergo RI for three months with a fine of Rs. 500/ - each and in fault of payment of fine to further undergo RI for 15 days.

(2.) WHEN the matter called out for hearing, nobody appeared for the petitioner. The Court cannot plead with Advocates to come and attend to their cases. It is for the petitioners to ensure that their counsel is present in the Court if they want the case to be represented by him. Since this case has been shown on the list for a sufficient amount of time, it can brook no further delay. I, Therefore, appoint Ms. Pooja Jain, Advocate, who is present in court, as amices Curiae to assist me in this case.

(3.) HAVING heard learned counsel for the parties and in view of what has been stated by learned counsel for the State, I am of the view that the ends of justice would be met if the sentence of imprisonment of the petitioners is reduced to that already undergone. I order accordingly.