(1.) :- This larger Bench has been constituted by the orders of the Chief Justice, dt. July 3, 1986, to answer a question referred to larger Bench by our brother Hon'ble G.K. Sharma, J. vide his order of reference, dated May 28, 1986 wherein he has framed the following question :
(2.) The petitioner, Habu, had filed a revision petition in this Court in the year 1978 challenging his conviction and sentence. This revision-petition was admitted on Oct. 25, 1978, and was ordered to be heard in due course on May 26, 1979. Thereafter it came up for hearing on Jan. 11, 1985 before Hon'ble Sharma, J. The accused petitioner who was on bail neither appeared in person nor his counsel was present and Hon'ble Sharma, J. after hearing the learned Public Prosecutor dismissed the revision-petition on merits. The petitioner thereafter moved an application on Mar. 14, 1986 under S.482, Cr.P.C. wherein it was prayed by him that he had engaged a lawyer Shri Manak Chand Jain who did not inform him of the date of hearing and as such he himself also did not appear and made arguments on his behalf. It was a surprise to him when a warrant of arrest came and he was arrested, then he learnt that his revision petition has been dismissed. He wrote a letter to his counsel but failed to get any reply; hence he engaged another lawyer to find out the position and moved this application after more than a year of the passing of the judgement. This application was heard by Hon'ble Sharma, J. who passed the order of reference. He stated in his judgement,
(3.) Before the reference came up for hearing we thought it proper to issue a general notice inviting assistance of learned members of the Bar to assist us as intervenors because in our opinion the matter was of general interest and importance. Several learned counsel whose names have been mentioned above intervened and addressed us.
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