BALKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 482 Gr. P.O. by the accused -appellant, praying that the order (sic)affi ming the conviction of the appellant recorded on 15 -11 -78 against the appellant by this Court (Sidhu J), be recalled because the appeal was heard without any notice to the appellant or his Advocate.

(2.) PETITIONER , Balkishan was tried and convicted by the Special Judge (Anti -Corruption Department), Rajasthan, Jaipur under Sub -Section 161 IPC and Section 5(1)(d) of the Prevention of Corruption Act Under both the counts, he was sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 200/. In defaut of payment of fine so further undergo two months rigorous imprisonment for each default.

(3.) IT may be mentioned here that normally, this application should have been dealt with by the learned Judge (Sidhu J) but to be fair, he ordered on 23rd February, 1979 that if there is no objection, application under Section 482 Cr. P.C., may be listed by Hon'ble the Chief Justice before another Bench. The case thereafter came before me but on 27th February, 1980 on the point of jurisdiction to hear the appeal, an order was passed but the question about the transfer and hearing of the appeal without notice to the petitioner in a criminal case was not considered.