Radha Krishna Chowdhry, J. - (1.) This is an application in revision by Bishambhar Dayal and Banwari Lal and it arises in the following circumstances.
(2.) The applicants were prosecuted under section 406 IPC, on the complaint of one Shabbir Ahmad. The trying Magistrate, the Judicial Officer of Bijnor, dismissed the complaint and discharged the accused under section 203 Criminal Procedure Code, by an order dated 14-1-1957. The complainant went up in revision against that order to the learned Sessions Judge of Bijnor. The revision was taken up for hearing on 13-4-1957 but it was dismissed on the ground of non-appearance on behalf of the petitioner. The short order passed was: "None appears for the applicant. Rejected."
(3.) The complainant moved an application before the Sessions Judge on 8-5-1957 and prayed that the file be summoned and revision be restored and reheard according to law on the ground that the applicant had gone out of station and his counsel could not appear because the case was taken up in the early hours of the court. This application was allowed by the learned Sessions Judge on 9-8-1957, and it is this order of the learned Sessions Judge which is the subject-matter of the present revision. On a review of rulings pro and con he came to the conclusion that he had the power to restore the revision petition and re-hear it. He was also of the view that the reason for non-appearance given by the complainant was sufficient. In the result, allowing the application, he ordered that the order dated 13-4-1957 dismissing the revision petition be restored to file for being re-heard.;