SURJEET KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS review petition has arisen out of an order to have been passed by this Court on 27 -10 -1992, whereby the criminal revision petition, preferred by the petitioner Surjeet Kumar against the order of his conviction and sentence passed by the trial Magistrate 1st. Class Hiranagar and subsequently confirmed by the learned Sessions Judge, Kathua by his order dated 30 -4 -1985, was dismissed holding that no cogent or reasonable ground was put forward by the petitioner for interference by this court for any of the reasons, either on the basis of law or on the merits of the case. The aforesaid order was passed by this Court when nobody appeared for the petitioner and the State -respondent was represented by the Addl. Advocate General, Mr. R. C. Gandhi.The review of the aforesaid order dated 27 -10 -1992 is sought on the ground that the same has been made in absence of the petitioner and thereby great injustice has been done to him by the order passed by the this Court, which is clearly against the principles of natural justice, as no opportunity has been provided to him to clarify the stand taken in his defense, and show that the proper trial has not taken place in the case.

(2.) AFTER issuing notice to other side, Mr. A. Kapoor, appeared for the respondent and he did not file any objection but addressed the argument in the matter.

(3.) HEARD learned counsel for the parties; also bestowed my thoughtful consideration over the record on the file.