- (1.) S. R. Bhargava, J. This petition under Section 482 Cr. P. C. can be and should be finally decided at this very stage. Facts are that petitioner filed Criminal Revision No. 27 of 1989 in the court of Sessions Judge, Meerut. This revision was transferred at admis sion stage to Special Judge/additional Sessions Judge, Meerut. On 1st December, 1989 this revision was dismissed by the following order: "on 17/11. 89 none was present and today's date was fixed for hearing on admission. File was also summoned but it has not been received. Since there is none to press this revision and to argue on admission, it shall stand dismissed. "
(2.) IT is obvious from this order that the revision was dismissed at admission stage in default of the revisionist and not on merits. Petitioner applied for recalling the order and for restoration of the revision. In view of the specific provisions of Section 362 Cr. P. C. the learned Sessions Judge concerned dismissed the application for recall and restora tion. Then the petitioner has come to this court in petition under Section 482 Cr. P. C. It is urged on behalf of the petitioner that there was no information of transfer. There is sworn affidavit on this point. The order of the Sessions Judge refusing recall and restoration is not illegal. He rightly placed reliance on the provision of Section 362 Cr. P. C. But it remains a fact that the revision was dismissed in default in absence of the opposite parties of the revision at admission stage. It also remains a fact that petitioner had no information of the transfer of the revision to the court of Special Judge, High Court in such circumstances can invoke inherent power to restore a revision dismissed in default without any information of transfer of the revision in absence of the opposite parties of the revision.
(3.) HENCE without notice to the opposite parties I allow this petition at this very stage and restore Padam Prakash v. State of U. P. and others, Revision No. 27 of 1989 and order that the Special Judge, Meerut shall got the revision re-registered and proceed to hear the revision for admission and further orders according to law. Copy of the order be issued to counsel for the revisionist on payment of usual charges within 24 hours. Petition allowed. .;