RAJ AGENCY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate for the petitioner has tendered a draft amendment. The same is granted. Amendment to be carried out forthwith.

(2.) BY this petition under Articles 226 and 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 4th January, 2007(2008) passed by the learned Presiding Officer, 7th Fast Track Court, Gondal Camp at Dhoraji in Criminal Miscellaneous Application No.85/07, whereby the petitioner's application for restoration of his appeal has been rejected.

(3.) THE facts stated briefly are that the petitioner had challenged the order dated 29th November, 1999 passed by the Collector, Rajkot under the provisions of Essential Commodities Act by way of an appeal before the learned Additional Sessions Judge, Gondal being Criminal Appeal No.22/99. By an order dated 13th March, 2007, the said appeal was dismissed for default. The petitioner moved an application being Criminal Miscellaneous Application No.85/07 seeking restoration of the appeal. By the impugned order dated 4th January, 2007 (2008), the learned Presiding Officer dismissed the application. Being aggrieved, the petitioner has filed the present petition challenging the said order.