ASHWANI KUMAR SINGH,J. - (1.) HEARD learned Counsel for the applicant, learned A.G.A. for the State and learned Counsel for the opposite parties. By means of this petition, the applicant has prayed for setting aside the judgment and order dated 12.12.2000, passed by Dis­trict and Sessions Judge, Kushi Nagar, in Criminal Revision No. 132 of 2000 (Smt. Gayatri Devi and others v. Harendra and oth­ers) and judgment and order dated 17.7.2000, passed by Chief Judicial Magis­trate, Kushi Nagar, in Complaint Case No. 1013 of 2000 (Smt. Gayatri Devi v. Harendra), Annexures 4 and 2 respectively, to the pe­tition under section 125 Cr. P.C. The main contention of the learned Counsel for the applicant is that the learned Courts below passed an ex parte order. Learned Counsel for the State as well as learned Counsel for the opposite parties vehemently submitted that this contention of the learned Counsel for the applicant has specifically been dealt with by the Court below and, as such, has no force.
(2.) LEARNED Counsel submits that since the petitioner was away to Dubai, as such, he had no information of the case, and for this reason, he could not appear before the Court. However, learned State Counsel and learned Counsel for the op­posite parties submitted that summons for appearing in the Court were sent at the ad­dress of the petitioner and there could be no valid reason to say that the petitioner was having no knowledge with regard to the proceedings of the case, which were pending in the Court of the Chief Judicial Magistrate and later on in the Court of District and Sessions Judge, Kushi Nagar. I have considered the submissions of learned Counsel for the parties and pe­rused the entire record of the case. No good ground for interference under section 482 Cr. P.C. is made out. There is no illegality in both the judgment and order dated 12.12.2000, passed by Dis­trict and Sessions Judge, Kushi Nagar and judgment and order dated 17.7.2000, passed by Chief Judicial Magistrate, Kushi Nagar in Complaint Case No. 1013/2000 (Smt. Gayatri Devi v. Harendra). This peti­tion under section 482 Cr. P.C. is accord­ingly dismissed. The order passed by both the Courts below dated -12.12.2000 and 17.7.2000 are upheld. The Registrar of this Court to send a copy of this order to the District and Ses­sions Judge, Kushi Nagar. Application Dismissed.;