Judgment

RAGHUBAR DAYAL, J. : Sankatha Singh and others appeal against the order of the Allahabad High Court dismissing their application for revision of the order of the Sessions Judge, Gyanpur, holding the order of his predecessor for the rehearing of an appeal which had been dismissed earlier to be ultra vires and without jurisdiction and directing the Magistrate to take immediate steps to execute the order passed by it, according to law.

2. The appellants were convicted by the Magistrate, Ist Class. Gyanpur, of offence under Ss. 452 and 323 read with S.34, 1. P.C. Kharpattu, one of the appellants, was also convicted of an offence under S. 324, 1. P.C. They appealed against their conviction. The appeal was fixed for hearing on November 30, 1956, on that date, neither the appellants nor their counsel appeared in Court and the learned Sessions Judge dismissed the appeal. The relevant portion of his order is

"The appellant s have been absent, and their learned counsel has also not appeared to argue the appeal on behalf of the appellants. I have perused the judgment of the learned Magistrate and seen the record. I find no ground for any interference. The appeal is accordingly dismisse