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Judgment
This application appears to be incompetent. The appeal in the Court below was disposed of u/s 423 of the Code of Criminal Procedure after "perusing the record" and considering the grounds of appeal. The appellant''s Counsel could not be heard inasmuch as he was prevented from being present in Court in time on account of the railway strike. The appeal was, therefore, disposed of on the merits, and in revision we can deal with it only u/s 439 of the Code of Criminal Procedure, under which the petition before us has to be disposed of u/s 423 of the Code.
There is, therefore, no power in this Court to set aside the judgment of the Court below, merely upon the ground that the Pleader or the Counsel on behalf of the petitioner was not heard in the Court below.
The application is, therefore rejected.