- (1.) This order will dispose of the above mentioned four criminal miscellaneous petitions filed by H.S. Sodhi under Section 482 Cr.P.C. praying for setting aside of the impugned order dated 7.8.2013 erroneously passed by the learned Sessions Judge, Ferozepur and restoring the complaint of the petitioner to its original stage or this Court may be pleased to issue any other order or directions.
(2.) In these cases notice of motion was issued. Ms. Reeta Kohli, Senior Advocate assisted by Mr. Mandeep Singh, Advocate has put in appearance for respondent No.1 in three petitions and for respondent No.2 in one petition and Mr. N.S. Sodhi, Advocate has appeared for respondent No.2 in three petitions and for respondent No.3 in one petition as mentioned above and contested these petitions.
(3.) I have heard learned counsel for the petitioner as well as learned counsel for the respondents and have gone through the record. At the time of arguments, learned counsel for the petitioner argued that the petitioner has filed application under Section 340 Cr.P.C. before the learned Sessions Judge, Ferozepur against the respondents. The applicant was suffering from dehydration on 7.8.2013 and hence, he could not tender his appearance in the said case and as there was no counsel to assist the applicant, so no exemption could be prayed for before the learned Sessions Judge, Ferozepur and the Court dismissed the complaints in default on 7.8.2013. The applicant filed applications seeking restoration of the complaints. As the applicant had no assistance of any advocate, the technical and legal provisions of the Cr.P.C. were not in his knowledge, therefore, and the learned Sessions Judge dismissed the applications vide order dated 26.10.2013 being not maintainable.;