RAJINDER KUMAR Vs. DARSHANA KUMARI

JUDGEMENT

(1.) THIS is a petition under Sec 561 -A Cr. P. C. seeking quashment of an order passed by Honble Rizvi J on 8 -1 -1986 in a criminal revision No. 62 of 1986 titled Rajinder Kumar Vs. Darshana Kumari with a further prayer for recalling that order and restoring the revision petition to its original number.

(2.) THE respondent filed a petition under Sec. 488 Cr. P. C. against the petitioner in the court of learned Chief Judicial Magistrate Jammu. The application was allowed and an order of maintenance passed in favour of the respondent by learned Chief Judicial Magistrate Jammu on 15 -12 -78. Aggrieved, the petitioner filed a revision petition before the learned Sessions Judge, who vide order dated 19 -5 -1980 dismissed the same. The petitioner, thereafter, filed revision petition No. 62 of 1980. The revision petition was admitted to hearing and the record was summoned. Subsequently on 8th January, 1986, Honble Rizvi J, dismissed the revision petition. At the time of hearing, it transpires that neither the petitioner nor his counsel was present.

(3.) MR . H.L. Bhagotra, learned counsel for the petitioner submitted that the cause for non -appearance of the petitioner and his counsel was the mention of the wrong name of the counsel for the party in the cause -list, where instead of the name of Mr. V.K. Chopra as the learned counsel for the petitioner, the name of Mr. V.K. Gupta was mentioned. He, therefore, submitted that since the petitioner as well as his counsel were misled by the wrong name of the counsel appearing in the cause list, the absence of the petitioner or his counsel was not intentional and the learned Single Judge should not have, under the circumstance, disposed of the revision petition and that, circumstances therefore, it is a good ground to review and recall the order dated 8 -1 -1986 and restore the revision petition to its original number.