1. Can a criminal revision petition dismissed by the High Court for default of appearance be restored to file an applicat­ion under Sec. 482 Cr.P.C. despite the provisions of Sec. 362 Cr. P.C. ? Criminal Revision No. 336/81 was cause listed in Court No. 6 from 7th to 10th June as item No. 49. On 10th June by a notice issued during the recess, some of the cases, including item No. 49, were transferred to and takan up in Court No.4 after recess as notified. As none appeared to press Criminal Revision application No. 336/81 when called, it was dismissed for default. In this application, supported by an affidavit, the petitioner prays for its restoration.

2. Mr. P.N. Goswami, the learned counsel for the petitioner, submits that the petitioner's Advocate was quite unware of the notice of transfer of cases issued o.i 10.6.82 during the recess, and was following the cause Hit in Court No 6; that the petitioner had been contesting the case with all seriousness and the order of dismissal for default has seriously prejudiced him; and that Section 362 Cr. P.C. is not applicable to High Court judgment; and he Prays that the petition be restored to file and beard on merits,

3. Mr. S. C. Das, the

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