SATYA PARKASH KATIYAL Vs. USHA CHAUHAN

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, filed against the order of learned Additional Sessions Judge (F.T.C.) whereby the order dated 22.7.2008, passed by the learned trial Court was set aside.

(2.) HEARD and gone through the record.

(3.) ON 14.7.2008 neither the complainant nor accused persons put in appearance in the trial Court. The Presiding Officer of that court was stated to be on tour. Accordingly, Clerk of the court fixed the case for 22.7.2008 for proper order. On 22.7.2008 also the parties were not present. However, an application was moved on behalf of the accused/petitioner seeking his exemption, which was allowed. But the complaint was dismissed on the ground that the complainant failed to put in appearance on the previous date, i.e., 14.7.2008 as directed by this Court. Against this order, complainant filed the revision petition which was allowed on 11.12.2008 by the Additional Sessions Judge. It is this order, against which the present petition has been filed.