JALALUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) CASE called out in the revised list. Heard the learned counsel for the applicants-revisionists on the restoration application. A perusal of the order sheet shows that despite several opportunities, the learned counsel for the revisionists did not appear on the date fixed for presenting his argument before the court.

(2.) THE revisional court while taking cognizance of the offence under section 401 and 403 Cr.P.C. had to dispose of the matter on merits and the case cannot be dismissed for default of the counsel for the applicant or the opposite party.

(3.) UNDER Section 403 Cr.P.C. it is provided that no party has a right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.