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Judgment
B.K. Rathi, J.—List revised. Nobody has appeared. Office has reported the opposite party No. 2 has died. The applicant is Ram Prasot who was given address as "at present Junior Clerk Office of Deputy Director Soil Conservation, Fatehpur." The revision was filed through Sri T. Rathore, advocate who had died. Notice was sent to the revisionist to engage another Counsel. In compliance of that notice the Chief Judicial Magistrate, Fatehpur, has reported that the applicant is not working in the office of Deputy Director Soil Conservation, Fatehpur. No other address of the applicant has been mentioned or on record and therefore, fresh notice could not be served on him to engage another Counsel.
The applicant was prosecuted for offence under Section 409, IPC. in case No. 1217 of 1981 and was acquitted on 3071983. Against that order opposite party No. 2 filed Criminal Revision No. 420 of 1983 which was allowed by the order dated 1241984, passed by the IX Additional Sessions Judge, Allahabad, and the matter was sent back for retrial with certain directions. Against that order the accused applicant preferred this revision.
I have perused the order of the learned IX Additional Sessions Judge, Allahabad. The applicant could not be heard in the above circumstances. After perusal of the judgment I do not find any force in the revision. The revision application is, accordingly, dismissed.
It is directed that the Chief Judicial Magistrate, Allahabad, will summon the record of the case and if some other address of the revisionist, Ram Prasot, is available, he will procure his attendance. If in case the Chief Judicial Magistrate, Allahabad, is able to procure the attendance of the applicant, he will proceed with the case in accordance with the order dated 124 1984 passed in Criminal Revision No.420ofl983.
Revision dismissed.