MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice was given to the learned PP and he has accepted the same.

(2.) This petition filed under Section 482 Cr. P.C. has been preferred against the orders dated 13-1-1997 and 14-10-1996 passed by the learned Divisional Commissioner, Bikaner.

(3.) Succinctly stated. the relevant facts for the disposal of this petition are that a complaint was lodged against the petitioner before the District Magistrate, Churu under Section 3 of the Rajasthan Control of Gundas Act. 1975. The learned District Magistrate after examining the relevant record and hearing the parties by his judgment dated 26-6-96 accepted the complaint and ordered that the petitioner should reside out of jurisdiction of District Churu for a period of six months on the conditions mentioned in the said order. The petitioner assailed the said order by filing an appeal before the learned Divisional Commissioner, Bikaner. The said appeal was fixed on 14-10-1996 for hearing but on that date neither the petitioner nor his advocate was present. However APP was present on behalf of the State. The learned Divisional Commissioner by his order dated 14-10-1996 dismissed the said appeal in default and non-prosecution. Thereafter the petitioner filed a restoration application before the Divisional Commissioner, who by his impugned order dated 13-1-97 dismissed the same on the ground that there is no provision in the Cr. P. C. for restoration of the appeal. Hence this petition.