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TMI Blog2022 (6) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... as asked the learned Judge to dismiss his own revision, which speaks volume. It is desirable to restore the revision petition on certain terms, since revision petition was not decided on merits - Criminal Writ Petition is allowed. - CRIMINAL WRIT PETITION No. 361/2022 - - - Dated:- 10-6-2022 - VINAY JOSHI, J. Ms. Surabhi Naidu, Advocate for the Petitioner. Shri S.Dewani, Advocate for the Respondent. ORAL JUDGMENT : Heard learned Counsel for the parties. With their consent matter is taken up for final disposal by issuing Rule, making the same returnable forthwith. 2. The petitioner is the original accused in Summary Criminal Case No.8037/2020 pending on the file of Judicial Magistrate First Class, Nagpur for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed warrant under Section 421 of the Code for compliance of the order of compensation. Being aggrieved, the petitioner has filed Criminal Revision No.128/2022, essentially challenging the order of issuance of recovery warrant. 5. It reveals from the impugned order dated 02.06.2022 that the revision application was virtually dismissed for want of prosecution. Record indicates that summons of the revision was not served on respondent/complainant. The petitioner was called upon to serve the respondent. The learned Judge has recorded that the learned Advocate for the revision petitioner made a misstatement before the Court and refused to take steps. The conduct of the learned Advocate has been recorded in the impugned order by the learned Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the following order. ORDER [i] Criminal Writ Petition is allowed. [ii] The impugned order dated 02.06.2022 passed in Criminal Revision Application No.128/2022 by the Additional Sessions Judge, Nagpur is hereby quashed and set aside. Criminal Revision is restored on the same stage. [iii] Both parties are directed to appear before the learned Sessions Court on 24.06.2022. [iv] The restoration is subject to payment of costs of Rs.10000/- by the petitioner to the respondent on or before 23.06.2022. Deposit of the cost amount in the Sessions Court will amount to sufficient compliance. In case the amount of costs is not paid or deposited, the revision application shall be treated as dismissed. [v] Rule is made absolute in afor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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