Rajendra Saxena, J.-Notice was given to the learned PP and he has accepted the same.

2. Thispetition filed under Section 482 CrPC has been preferred against the orders dated 13-1-1997 and 14-10-1996 passed by the learned Divisional Commissioner, Bikaner.

3. Succinctlystated, the relevant facts for the disposal Of this petition are that a complaint was lodged against the petitioner before the District Magistrate, Chum under Section 3 of the Rajasthan Control of Gundas Act, 1975. The learned District Magistrate after examining the relevant record and hearing the parties by his Judgment dated 26-6-96 accepted the complaint and ordered that the petitioner should reside out of the jurisdiction of District Chum for a period of six months on the conditions mentioned in the said order. The petitioner assailed the said order by filing an appeal before the learned Divisional Commissioner, Bikaner. The said appeal was fixed on 14-10-1996 for hearing but on that dale neither the petitioner nor his advocate was present. However APP was present on behalf of the State. The learned Divisional Commissioner by his order dated 14-10-1996 dismissed the said appeal in default and non-prosecuti