JUDGMENT

P.K. BAHRI, J. - These two applications have been moved by the petitioner, one for seeking restoration of the criminal revision No. 187/89 (Cr. M. 298/89) which came to be dismissed on September 22,1989 and the other (Cr. M. 266/89) seeking condonation of delay in moving the said application.

2. The criminal revision has been brought under Section 397 of the Code of Criminal Procedure, against an order dated August 4, 1988, of Shri Shiv Charan, Metropolitan Magistrate, seeking the relief that warrants of arrest issued against the petitioner may be cancelled. The warrants of arrest appears to have been issued for non-payment of arrears of maintenance. On September 22, 1989, the following order was made:

"Present: None for the petitioner. Ms. Usha Bhatia in person.

Crl. R. 187189 & Crl. M. 265 & 266/89

No one has turned up on behalf of the petitioner to pursue the matter. I have gone through the file and find no merit in this petition. Dismissed."

3. So, it is evident from the aforesaid order that after the show-cause notice was issued to the respondent as to why the petition be not admitted, the petition came to be dismissed in lemine on merits. The short question which ari