Heard learned advocates for the parties.
2. This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner against the order dated 03.09.2010 passed by the learned Additional Sessions Judge, Surendranagar in Criminal Revision Application No.41 of 2010 by which the order dated 15.04.2010 passed by the learned Judicial Magistrate [F.C.] Limdi below Ex.1 in Criminal Case No.298/2008, came to be confirmed.
3. Learned advocate the petitioner submits that there is no intention on the part of the advocate representing the petitioner to avoid the proceedings or not to represent his client. It is further submitted that for the default of the advocate for the petitioner, litigant may not be punished and case of the petitioner needs to be decided on merit. Learned advocate for the petitioner submits that the impugned orders passed by the courts below deserve to be quashed and set aside.
4. Learned advocate for the respondent would submit that the revisional court has no jurisdiction to entertain the revision application, and therefore, orders passed by the courts below do not require any interference in exercise of writ jurisdiction under Articles 226 and 227 of the Constitution of India.
5. Having heard learned advocate for the parties and on perusal of the record of the case, including the orders passed by the courts below, it is revealed that there was no consistency on the part of the learned advocate representing the petitioner and considering the nature of the case pending before the court below, the petitioner deserves one more opportunity to pursue his case and the matter deserves to be restored by awarding costs.
6. Considering the facts and circumstances of the case, I am inclined to quash and set aside the impugned orders passed by the courts below. Accordingly, this petition is allowed and order dated 03.09.2010 passed by the learned Additional Sessions Judge, Surendranagar in Criminal Revision Application No.41 of 2010 and order dated 15.04.2010 passed by the learned Judicial Magistrate [F.C.] Limdi are hereby quashed. The learned Judicial Magistrate [F.C.] Limdi shall decide the matter afresh in accordance with law after giving opportunity of hearing to the parties concerned. The parties shall remain present before the Court, unless they are exempted.
The petitioner shall pay costs of Rs.2,000/- to the respondent.
[Anant S. Dave, J.] *pvv Top