REETA ROY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code has been preferred by the applicant for restoration and rehearing of Revision Petition No. 114/97 which has been disposed of by this Court vide order dated November 8, 1999.

(2.) Briefly stated, the facts material for the purpose of deciding the present petition are that the aforesaid Revision Petition preferred by the applicant against the order dated 28-11-1997 passed by the learned Sessions Judge whereby the complaint of the applicant under Sections 447/448/324/323 and 341 of the Indian Penal Code was dismissed as withdrawn, was admitted for hearing by this Court on 2-4-1998. The Revision Petition was listed for final hearing on November 8, 1999 when none appeared for the applicant with the result that the Revision was heard and disposed of on merits in the absence of the applicant.

(3.) The present petition has been preferred on the ground that the Revision Petition unexpectedly came up for hearing when the applicant was out of station and the counsel for her who has only four cases pending in the High Court, could not be informed of the listing of the Revision Petition for hearing on 8-11-1999.