Rajinder Kumar vs State of Punjab and Another

Ram Chand Gupta, J.—Heard.

Perusal of file shows that the present revision petition was filed on behalf of the Petitioner-accused without surrendering before Chief Judicial Magistrate, Hoshiarpur, as per order dated 17.7.2010, passed by learned Additional Sessions Judge, Hoshiarpur, while dismissing his appeal. Learned Counsel for the Petitioner sought date from this Court for Petitioner to surrender before Chief Judicial Magistrate, Hoshiapur, on 9.8.2010 and on his request case was adjourned to 20.8.2010. Another date was requested by counsel for the Petitioner to comply with the order passed by learned Additional Sessions Judge, however, thereafter, none appeared for the Petitioner on 30.8.2010, and the case was adjourned to 8.9.2010 in the interest of justice. However, none appeared for the Petitioner and the case was adjourned to 20.9.2010. On 20.9.2010 as well, none appeared for the Petitioner and the case was again adjourned to 27.9.2010, on which date the counsel for the Petitioner appeared and made a statement that he had already informed the Petitioner by telephonic message and, however, Petitioner has not contacted him and, hence, in the interest of justice, another date was given to Petitioner to comply with the order of this Court and the case was adjourned for 29.10.2010. Report was also called from Chief Judicial Magistrate, Hoshiarpur. Report was received stating therein that he has not surrendered. On 29.10.2010, none appeared and hence, the revision petition was dismissed for non-prosecution.

Hence, in view of these facts, no ground for restoration of the revision petition is made out. The application is dismissed.