MD ABDUL HAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application purported to be under Art.226/227 of the Constitution for issue of a Writ of Mandamus and/or certiorari and/or any other order or direction of like nature for quashing the judgment and order dt.12-3-85 passed by the Hon'ble Mr. Justice T.C. Das in Criminal Revision No.187 of 1984 as void.

(2.) Shortly put, the facts leading up to the present application are that the petitioner was tried and convicted by the Judicial Magistrate, North Lakhimpur, under Ss.354 and 456, I.P.C. in G.R. Case No.1069/82. The petitioner preferred an appeal against the conviction and sentence to the Court of Sessions Judge, Lakhimpur. But the appeal was dismissed with modification of the sentence form R.I. for one year to R.I. to six months under S.456 of the I.P.C. Thereafter, the petitioner preferred Criminal Revision No.187 of 1984 in this Court, which was posted for hearing on 12-3-85. Admittedly, none appeared for the parties. Learned single Judge heard and disposed of the Criminal Revision on merits.

(3.) The petitioner questions the validity of the said judgment and order in this writ application. Mr. J. Singh, learned Counsel for the petitioner submits that the impugned ex parte order was rendered in breach of Arts.21 and 39-A of the Constitution. Learned Counsel further submits that the impugned order was rendered in breach of the principles of natural justice. However, learned Counsel concedes that the impugned judgment and order has been rendered after considering the merits of the case.