PADAM PRAKASH Vs. PADMAWATI DEVI

JUDGEMENT

(1.) S. R. Bhargava, J. This petition under Section 482 Cr. P. C. can be and should be finally decided at this very stage. Facts are that petitioner filed Criminal Revision No. 27 of 1989 in the court of Sessions Judge, Meerut. This revision was transferred at admis sion stage to Special Judge/additional Sessions Judge, Meerut. On 1st December, 1989 this revision was dismissed by the following order: "on 17/11. 89 none was present and today's date was fixed for hearing on admission. File was also summoned but it has not been received. Since there is none to press this revision and to argue on admission, it shall stand dismissed. "

(2.) IT is obvious from this order that the revision was dismissed at admission stage in default of the revisionist and not on merits. Petitioner applied for recalling the order and for restoration of the revision. In view of the specific provisions of Section 362 Cr. P. C. the learned Sessions Judge concerned dismissed the application for recall and restora tion.

(3.) HENCE without notice to the opposite parties I allow this petition at this very stage and restore Padam Prakash v. State of U. P. and others, Revision No. 27 of 1989 and order that the Special Judge, Meerut shall got the revision re-registered and proceed to hear the revision for admission and further orders according to law.