MANJOOR ALI Vs. SEHNAJ

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. None present for the respondents despite service. The present misc. petition has been preferred by the petitioner challenging the order dt. 13.12.2003 passed by the learned Judicial Magistrate, Loonkaransar directing ex -parte proceedings to be undertaken against the petitioner and also against the order dt. 01.08.2008 whereby he has ex -parte rejected the application under Sec. 127 Cr.P.C. filed by the petitioner.

(2.) COUNSEL for the petitioner submits that the petitioner had filed an application for setting aside the ex -parte proceedings undertaken against him and the date fixed in that application was 24.10.2003. The file was not taken up on that date but was taken up instead on 13.12.2003 and without intimation to the petitioner about the said date, the matter was decided in absentia of the petitioner. Thereafter, the petitioner preferred an application for setting aside of the ex -parte proceedings which has been rejected by the order dt. 01.08.2008.

(3.) I have given my thoughtful consideration to the arguments advanced at the bar and have perused the impugned orders.