Jorawar Singh and others vs Sessions Judge, Jalaun and another

Giridhar Malviya, J.—Heard learned counsel for the petitioners as also Sri Surendra Singh learned Addl. Govt. Advocate at the stage of admission itself. It appears that. Criminal Revision No. 58, of 1990 had been dismissed in default by learned Sessions Judge, Jalaun on 2.6.90. An application for setting, aside the saidorder was also rejected by him. Learned counsel for the petitioners rightly contends that whereas it was not necessary for the learned District Judge to have heard learned counsel for the petitioners, in a revision, yet it was necessary for him to have discussed the merit of the case and then arrive at a conclusion himself after perusing the record,. This having not been done the order dated 2.6.1990 deserved to be set aside. Accordingly the order dated 2.6.1990 passed by Sessions Judge, Jalaun at Orai in Criminal Revision No. 58 of 1990 (Jorawar Singh and 9 others v. State and others) is set aside. The court below is directed to restore the criminal revision on his file once again and dispose it of within a month from the production of a certified copy of this order, before him after giving the parties due opportunities.

With these observations this petition is finally disposed of.

Let a certified copy of this order be issued to learned counsel for the petitioners on payment of usual charges within three days.