AMAR KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This review application has been filed by the petitioner for review of order of learned single Judge passed on 16-10-2001 in C.W.J.C. No. 12369 of 2001 by which, even in absence of learned counsel for the petitioner, writ application of the petitioner was dismissed on merits. Against the said order, petitioner had moved before a Division Bench of this Court in L.P.A. No. 1424 of 2001. The said L.P.A. was disposed of by order dated 6-5-2002 finding that, in view of submission of the learned counsel for the appellant that some document could not be brought to the notice of the learned single Judge which had bearing on the merit of the case, appropriate course for appellant was to file review application before learned single Judge. Hence, this review application was filed and has been finally heard by this Court.

(2.) In support of the review application, assailing orders passed by learned single Judge in the writ application of the petitioner as aforesaid, learned senior counsel for the petitioner relied upon a decision of a Division Bench of this Court in the case of Kishori Prasad v. State of Bihar (reported in 2008 (2) PLJR 458) and contended that when learned counsel for the petitioner was not present, the ordinary course open to learned single Judge was either to postpone the hearing of the case or dismiss it for want of prosecution. But in no circumstance the same could be decided on merits. Learned senior counsel for the petitioner has referred to paragraph 3 of the said decision of the Division Bench for the purpose, which is as follows :

(3.) Learned senior counsel for the petitioner also relied upon a decision of the Hon'ble Supreme Court in the case of Satin Chandra Pegu v. State of Assam (reported in 2007 (1) PUR (SC) 91) : (AIR 2007 SC 457) to point out that in similar circumstances a Criminal Revision, which was dismissed after hearing learned counsel for the State, in absence of learned counsel for the petitioner, was remitted back by the Apex Court, for reconsideration, after setting aside the said order of dismissal.