LAWS(ALL)-1991-7-69

MANGAROO Vs. STATE OF U P

Decided On July 07, 1991
MANGAROO Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) N. L. Ganguly, J. This is an application under Section 482, Criminal Procedure Code for quashing the order of the learned revisional Court dismissing the revision barred by limitation.

(2.) IN a criminal complaint under Sections 322, 147, 504, I. P. C. , the applicant, Man-garoo, along with 3 of his family members were arrayed as accused person. The notices were issued. The personal attendance of all the accused persons were exempted by the order of the Court. The complainant of the case moved an application for cancelling the order exemptaig the personal attendance of the accused, Mangaroo, who in fact is employed in Middle-East at Dubai. The personal attendance of the accused was exempted and he left INdia for joining the service at Dubai without obtaining prior permission of the Court. Therefore, an application for cancellation of exemption of personal attendance of applicant was moved which was allowed. Notices were issued for personal appearance in the Court. Since the applicant was not in INdia, the applicant moved an application giving all the facts, but the learned Magistrate passed order for appearance before the Court and issued process for his appearance in the Court on the ground that the applicant left INdia without obtaining prior permission from the Court. The said order was challenged in revision before the revisional Court and the same was with delay and the same was rejected on the ground of limitation.