SURJA RAM Vs. RAM PYARI AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this misc. petition filed under Sec. 482 Crimial P.C., the petitioner is challenging the order dated 30.6.2010 passed by Addl. Sessions Judge, Anupgarh in Criminal Revision Petition No.62/10 whereby the revision petition filed by the petitioner was dismissed and the revisional Court affirmed the order dated 16.02.10 and 09.08.2005 passed by Addl. Chief Judicial Magistrate, Anupgarh in Criminal case No.103/03 whereby learned trial Court proceeded ex-parte in the matter and passed award of maintenance against the petitioner ex-parte.

(3.) It is contended by learned counsel for the petitioner that admittedly due to non-appearance of the petitioner before the trial Court, ex-parte order was made by the trial Court on 09.08.2005. On that date, the matter was fixed for leading evidence by the petitioner but the advocate appearing on behalf of the petitioner pleaded no instructions, therefore, learned trial Court proceeded ex-parte and no evidence was adduced by the petitioner. The petitioner did not appear on 09.08.2005 before the trial Court due to certain facts taken place in the Panchayat between the parties. The revisional Court did not consider those facts for the purpose of adjudicating the matter afresh by the trial Court, therefore, it is prayed that in the interest of justice while quashing the orders of trial Court, which were passed in absence of the petitioner as well as the order of revisional Court, the matter may be remanded to the trial Court and trial Court may be directed to grant an opportunity to the petitioner to lead his evidence and decide the matter afresh.