MD. KASHIM MIA Vs. ADMINISTRATION OF MANIPUR

JUDGEMENT

(1.) THIS is a petition to revise the order of the learned District Magistrate in Criminal Appeal No. 1 Order 1958, by which he confirmed the order of penalty passed against the petitioner by the E.A.C. in Misc. Case No. 18 Order 1958.

(2.) THE facts which gave rise to this petition are as follows:

(3.) ORDER 9 -8 -58, the case was posted for letting in defence evidence and on that date Manir Ahamad was absent and a petition was filed at 11 -00 a.m. by one Md. Siddique, the son of the petitioner on behalf of Manir Ahamad stating that the latter was suffering due to a sudden attack of colic pain and as such he was quite unable to appear before the Court and that the bailor was also attending to the treatment of the said Manir Ahamad. The Court then ordered that the application filed by a 3rd party without a medical certificate be rejected and that non -bailable warrant should issue against the accused for 11 -8 -58 and notice to the bailor. Accordingly, a notice was issued to the petitioner stating that by the non -appearance of the accused Order 9 -8 -58 the bailor had forfeited the sum of Rs. 2,000/ -and he was called upon to pay the said penalty or to show cause by 11 -8 -58 why payment of the said sum should not be enforced against him.