CRLR/18/2009
2022 Latest Caselaw 2174 UK

CRLR No.18 of 2009
Hon'ble Ravindra Maithani, J.

Mr. S.R.S. Gill, Advocate for the revisionists.

Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.

This revision was once decided on 12.04.2019, but the order of this Court was set aside by the Hon'ble Supreme Court in Criminal Appeal No.512 of 2020 with the observation that the matter may be considered afresh. It so happened that, thereafter, notices were issued to the revisionist nos. 1 to 3, but they could not be served as it is reported that they have left the address.

The record reveals that, in fact, the Hon'ble Supreme Court granted bail to the revisionists.

This Court had already observed that an admitted revision may be decided even in the absence of the revisionists. In this matter, arguments have already been heard and, the judgment was reserved. But while preparing for judgment, this Court considered that the order of this Court dated 12.04.2019, dismissing the revision, was challenged by the revisionists on the ground that they were not heard.

Although, the Hon'ble Supreme Court observed that it is not necessary to hear a revisionist in an admitted revision. On the other grounds, the matter was remanded for afresh considerations. But, as stated, fact remains that, thereafter, the revisionists have been issued notices.

Does it mean that the revisionists are deliberately creating the situation? On the one hand, they are not appearing in this Court and on the other hand, when an order is passed, they challenged the order that they were not heard. The revisionists were granted bail by the Hon'ble Supreme Court. Notices were issued to them. Report is received that they are not staying at the given address. The revisionists have been convicted and sentenced under Sections 498 A IPC & 3/4 of Dowry Prohibition Act, 1961, by the court below.

Under the facts and circumstances, this Court is of the view that presence of the revisionists should be ensured in the matter.

Let issue non-bailable warrants against the revisionists.

Also, issue notices to their sureties. List this matter on 30.08.2022.

(Ravindra Maithani J.) 19.07.2022

RV