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S.N. Sharma and ors. Vs. the State, Represented by Public Prosecutor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAndhra Pradesh High Court
Decided On
Judge
Reported in1971CriLJ1056
AppellantS.N. Sharma and ors.
RespondentThe State, Represented by Public Prosecutor
Excerpt:
- maximssections 2(xv) & 3(1) & (3): [v.v.s. rao, n.v. ramana & p.s. narayana, jj] ghee as a live stock product held, [per v.v.s. rao & n.v. ramana, jj - majority] since ages, milk is preserved by souring with aid of lactic cultures. the first of such resultant products developed is curd or yogurt (dahi) obtained by fermenting milk. dahi when subjected to churning yields butter (makkhan) and buttermilk as by product. the shelf life of dahi is two days whereas that of butter is a week. by simmering unsalted butter in a pot until all water is boiled, ghee is obtained which has shelf life of more than a year in controlled conditions. ghee at least as of now is most synthesized, ghee is a natural product derived ultimately from milk. so to say, milk is converted to dahi, then butter...........were received in evidence. aggrieved by this order, the accused preferred a revision to the sessions judge, visakhapatnam. having admitted the petition, the learned sessions judge rejected it on 18-7-1969 on the ground that there was no representation for the petitioners. it is to question the correctness of this order that the present revision has been preferred.3. having taken the revision on file and called for records of the proceedings before the additional district munsif, it was the duty of the learned sessions judge to examine those records for the purpose of satisfying himself as to the correctness, legality or propriety of the order sought to be challenged before him regardless of the presence or otherwise of the petitioners when the matter was called on for hearing in.....
Judgment:
ORDER

Venkateswara Rao, J.

1. The only question that has to be answered in this case is as to whether a revision entertained Under Section 435, Criminal P.C. could be dismissed for default.

2. In a prosecution under the Mines Act, certain statements said to have been recorded by the Joint Director of Mines who was the complainant in the case, were sought to be put into Court through P.W. 1. This was objected to on behalf of the petitioners, who were accused in that case. This objection was however overruled by the Additional District Magistrate, Executive, and the statements were received in evidence. Aggrieved by this order, the accused preferred a revision to the Sessions Judge, Visakhapatnam. Having admitted the petition, the learned Sessions Judge rejected it on 18-7-1969 on the ground that there was no representation for the petitioners. It is to question the correctness of this order that the present revision has been preferred.

3. Having taken the revision on file and called for records of the proceedings before the Additional District Munsif, it was the duty of the learned Sessions Judge to examine those records for the purpose of satisfying himself as to the correctness, legality or propriety of the order sought to be challenged before him regardless of the presence or otherwise of the petitioners when the matter was called on for hearing in his Court and he had no jurisdiction to reject the revision petition, when once it was admitted, for default. Reference may be made in this context to G.V. Sadasivarao v. The Special Officer 1969 (2) APLJ 241, in which it was pointed out by Mirza, J., that it is the duty of a Court, even if none of the parties is present and once the revision is admitted to decide the case on merits I must, therefore, agree with the petitioners that the order of the Court below rejecting the revision petition for default is unsustainable.

4. In the result, the petition is allowed and the matter is remitted to the Court below for being disposed of on merits in accordance with law after affording a reasonable opportunity to the parties to appear before him for the purpose of substantiating their respective contentions.


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