1. Heard Sri Sanjeev Kumar Shukla, learned counsel for the petitioner as well as counsel for the State.
2. By means of the present petition the order dated 22.5.2019 has been assailed whereby learned Additional District Judge, Court No.4, Sultanpur has rejected the revision of the petitioner filed by him under Section 133/142 of Cr.P.C. The said case was listed on 22.5.2019 wherein counsel for the revisionist could not appear and in absence of his counsel, the said revision has been dismissed. It has been submitted that the petitioner is 62 years of age and is a patient of sugar and high blood pressure and, therefore, could not appear nor was the impugned order communicated to him by his counsel. It is further submitted that the petitioner is a poor person and his only source of income is business of kabari and, therefore, he did not have enough resources to file instant petition.
3.Learned counsel for the petitioner confines the petition to challenge the order dated 22.5.2019 and does not press the present application with regard to the order dated 22.9.2014 passed by Sub Divisional Magistrate Tehsil Sadar, District Sultanpur in Case No.13/2014 under Section 133/142 Cr.P.C.
4. Learned A.G.A. has opposed the petition but does not object to opportunity being granted to the petitioner to place his case before the revisional court. Petitioner also submits that he shall appear before the revisional court on any date fixed and make his submissions and his revision may be decided in accordance with law.
5. Considering the aforesaid facts and also the fact that counsel for the revisionist could not appear on 22.5.2019 due to which his valuable rights could not be protected and in his absence order has been passed, the order dated 22.5.2019 is set aside.
6. Learned counsel for the petitioner shall place a copy of this order before the court below in second week of March, 2021 on which trial court shall fix a date for hearing either in third or fourth week of March. On the date so fixed counsel for the petitioner shall appear and argue the revision.
7. In case, counsel for the petitioner does not appear before the revisional court, the benefit of this order shall not be available and the order dated 22.5.2019 shall be deemed to have become final.
8. In view of above, the petition is disposed of.
Order Date :- 11.2.2021 (Alok Mathur, J.) RKM.