P.N. Bakshi, J. - (1.) THIS application under Section 482, Code of Criminal Procedure arises under the following circumstances : Smt. Vijai Laxmi Khanna filed an application under Section 488, Code of Criminal Procedure on 18 -11 -1966. Several dates of hearing were fixed. Balkrishna absented himself. The learned Magistrate, there fore, ordered the case to proceed exparte against him. The exparte order was later on set aside. On 28 -5 -1973 Balkrishna again failed to appear before the Court. The Magistrate again directed the case to proceed exparte. Since the evidence in the case had already been concluded on the earlier dates of hearing, the Court ordered that 1 -6 -1973 be fixed for arguments. On that date the arguments were not heard and 7 -6 -1973 was again fixed for this purpose. Balkrishna appeared on 7 -6 -1973. He again moved an application for setting aside the exparte order. This application was directed to be put up on 28 -6 -1973 for disposal. On this date Sri Vijai Laxmi Khanna was not present when the case was called on for hearing. The Magistrate instead of deciding the application filed by Balkrishna dated 7 -6 -1973 for setting aside the exparte order has dismissed the application of Smt. Vijai Laxmi Khanna under Section 488, Code of Criminal Procedure. On the same date an application was filed on behalf of the wife for setting aside this order and for restoring the case to its original number. This application was supported by an affidavit. It was put up on 13 -6 -1973 for disposal. The application was allowed and the case was restored. Aggrieved by the order of restoration Criminal Revision No. 10 of 1974 was filed before the Sessions Judge, Varanasi.
(2.) IT appears that the case was listed on several dates thereafter before the Magistrate. Balkrishna moved two applications before him on 11 -10 - 1973. In one application he prayed that the order dated 13 -6 -1973 be set aside. In the other application he prayed for permission to put in appearance. Both these applications were rejected by the Magistrate on 9 -11 -1973. Aggrieved thereby Criminal Revision No. 118 of 1973 was filed before the Sessions Judge, Varanasi. In these circumstances, both the criminal revisions came up for hearing before the Sessions Judge, Varanasi. When the case was called for hearing before the Sessions Judge, Balkrishna again absented himself. His counsel was informed about the case but he did not come. The Court waited till 3.40 p.m. yet neither Balkrishna nor his counsel appeared before the Court. On 27 -7 - 1975 the Sessions Judge, Varanasi vide his order dated 23 -7 -1975 has dismissed both the revisions and has directed the Magistrate to give an opportunity to the parties to appear before him and to decide the case expeditiously. Aggrieved thereby, the instant application under Section 482 Code of Criminal Procedure has been filed in this Court by Balkrishna.
(3.) I have heard counsel for the parties at considerable length and have also perused the affidavits on the record.;