BRIJ SEN Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. This revision has been directed against the judgment and order dated 18th October, 1984 passed by the III Additional Sessions Judge, Fatehpur setting aside the order dated 3-3-84 passed by S. D. M. Marihaun, by which he recalled the order dated 4-2-1984 and gave opportunity to the revisionist to adduce the evidence.

(2.) IT appears that on the police report S. D. M. passed a conditional order and in itiated proceedings under Section 133 Cr. P. C. The conditional order was personally served on opposite party No. 2 but was not personally served on the revisionists Brij Sen and Dharm Sen. Process-server reported that notices sent to revisionist were served through "heirs". As none of the opposite party appeared the S. D. M. made the conditional order absolute by order dated 4-2-84 directing the police to remove the nuisance. Thereafter the revisionist filed an application for recall of the ex-parte order on 18-2-84. The learned S. D. M. held that the notice was not per sonally served on the opposite parties and, therefore, it would be proper to give them opportunity to file objection. Felt ag grieved Sheo Mooral filed a revision. The learned Additional Sessions Judge held that the criminal Courts have got no power to review their orders even though it is ex-parte. He, therefore, allowed the revisions and set aside the order. Felt ag grieved the opposite parties have come up in revision.

(3.) THE revision is allowed. THE im pugned order is set aside and the order passed by the S. D. M. is restored. Revision allowed. .