- (1.) NOBODY appears for petitioner when the matter was listed for dismissal. But on going through the record, I found that the learned Sessions Judge has passed an order in a criminal revision dismissing the revision in default. Section 397 of the Criminal Procedure Code, lays down as follows:- "397. Calling for records to exercise powers of revision:- (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior criminal Court situated within its or his local jurisdiction for the purpose of satisfying itself or himself as to the b correctness, legality, or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending examination of the record." The provision gives a power to the Sessions Judge and to the High Court for calling for the records for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, or to satisfy itself as to the regularity of any proceedings of such inferior Court. The duty is cast on the Sessions Judge and the High Court before passing an order in a revision proceeding to satisfy itself about the correctness of the order passed in which the record has been summoned. That leaves no room for the Sessions Judge to dismiss the criminal revision in default. If the party, who moved the Court in revision, does not appear, the Sessions Judge has no option but to examine the record and satisfy himself whether the revision is to be allowed or dismissed.
(2.) FOR the above said reasons, I find that the order passed by the learnedSessions Judge is not in conformity with the mandate of Sec.397 Cr.P.C. Therefore, the order is quashed and the matter is remanded back to the learned / Sessions Judge, who shall pass an order on merits. This order will not, however, entitle the petitioner not to pay the maintenance in accordance with the order passed by the learned Magistrate. He shall continue to pay the amount of maintenance till the revision is decided by the revisional Court.;