SHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed under section 482 Cr. P.C. against the order dated 8.7.1992 passed by the learned Additional Sessions Judge, Ratangarh in Criminal Revision Petition No. 551 92 (18/89), whereby he dismissed petitioners Revision Petition in his default. The said Revision Petition was preferred against the order dated 7.7.88 of the learned Munsif and Judicial Magistrate, Sujangarh passed in Criminal ease No. 2271 88, whereby he had taken cognizance against the petitioner for the offence under sections 341,323 1 34 I.P.C.

(3.) The petitioner had filed the said Criminal Revision Petition initially in the court of Sessions Judge, Chum. After hearing the parties learned Sessions Judge sent for the record of the lower Court and the case was adjourned number of times for final hearing. Thereafter, the said Criminal Revision Petition was transferred to the Court of Additional Sessions Judge, Ratangarh before whom on 7.4.92, the petitioner and his Advocate were not present. On 24.6.92 the Presiding officer was on leave and the case was listed on 8.7.92. On that day, the petitioner and his Advocate were not present. However, the Additional Public Prosecutor was present The learned Additional Sessions Judge by the impugned order dismissed the said Criminal Revision petition in default, for the absence of the petitioner.