KISHANLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners are hereby assailing the correctness, propriety and legality of the order which has been passed by the learned Addl. Sessions Judge, Narsinghgarh who dismissed the application of the petitioners filed on their behalf praying for exemption in respect of their attendance before the Court. The ground which was shown was that the petitioner had gone to SORAUJI for immersing the urns of the mother of the petitioner No. 1 Kishanlal. The learned Additional Sessions Judge pointed out in his order rejecting the said application that the said application was not mentioning the date of death of the mother of Kishanlal as well as it was not mentioning the place where the appellants had gone, He opined that the said application was vague and was not pointing out the justifiable cause for the absence of the petitioners.

(2.) SHRI Jaisingh submitted that the learned Advocate who submitted the application would not have been knowing the exact details, and therefore, the petitioners should not be exposed to punishment on account of the mistake committed by him. Shri Prakash Verma, learned Dy. Govt. Advocate not be available for trial.

(3.) THUS , in view of the discussion as above, the revision petition is hereby entertained and is allowed. The order which has been passed by the learned Additional Sessions Judge is hereby set aside. The petitioner shall not be subjected to any punishment or penalty for the default in marking their presence on 28.7.94 before the Trial Court. They should remain present before the trial Court punctually on every date unless they are prevented by reasonable and justifiable cause which their lawyer should bring to the notice of the Court.