SAGAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE applicants have come forward with a prayer that the entire proceedings in Criminal Case no. 721/49 of 1978, State v. Sagar and others as well as the final order of the Sub-Divisional Magistrate, Chakia, district Varanasi, dated 26-6-1980 and of the revisional court dated 22-9-80 and 30-10-80 be all quashed.

(2.) IT would appear that direction for removal of obstruction was given by the Magistrate recording findings against the applicants. The applicants against such final order of the Magistrate preferred a revision registered as Criminal Revision No. 178 of 1980 in the sessions court, The Sessions Judge, Varanasi, vide its on dated 22-9-80 observed that inspite of information neither the revisionist, nor a one representing him is present. He thereafter observed that the revision dismissed in default of the appearance of the revisionist. Thereafter an application was made that the revision may be restored. That application was rightly reject as under the Criminal Procedure Code there is no power to review any order to set aside any final order disposing of the case, i, e. the revision in the prese case.

(3.) IN the result, the application is allowed to the exent that the order date 22-9-80 of the V Additional Sessions Judge, Varanasi (Annexure III), dismissing to revision in default is set aside and it is directed that the criminal revision No. 178 1980 be disposed of on merits after giving notice of the date to the part involved. Application allowed.