Shiv Kumar Sharma, J. - (1.) The petitioner impugns the order dated December 4, 2003 of learned Sessions Judge Jhunjhunu, whereby the revision petition preferred by the petitioner was dismissed in default.
(2.) Having considered the submissions advanced before me, I am of the view that the revision petition preferred under Section 397 Cr.RC. could not have been dismissed in default and it was incumbent upon the learned Sessions Judge to decide the revision petition on merits.
(3.) For the reasons, I allow the misc. petition and set aside the order dated December 4, 2003 and remit case to learned Sessions Judge Jhunjhunu to decide it afresh after hearing the parties. Till the revision petition is decided the judgment dated October 15, 2003 of Additional Chief Judicial Magistrate Khetri shall remain stayed. The petitioner is directed to appear before the learned Sessions Judge Jhunjhunu on April 14, 2004.;