TYAGI, J.—Ganesharam has filed this application under sec. 561-A Criminal Procedure Code and it arises out of the following circumstances:

Ganesharam petitioner, who was prosecuted in the court of the Additional Munsif-Magistrate, Bikaner for an offence under sec. 325 Indian Penal Code, was acquitted by the learned Magistrate vide his judgment dated 28th March, 1966. An appeal was preferred by the State against the said judgment and this Court vide its judgment dated 12th January, 1968, set aside the acquittal and convicted the petitioner under sec 325 Indian Penal Code and awarded him rigorous imprisonment for one year. Then an application under sec. 561A Criminal Procedure Code was moved on behalf of the petitioner praying that the order of conviction passed by this Court be set aside and his counsel who could not attend the Court on the day when the appeal was decided be allowed to argue the appeal. By another application dated 12tb February, 1968, it was further prayed that in the exercise of its inherent jurisdiction the Court may extend the benefit of sec. 6(1) of the Probation of Offenders Act (hereinafter called the Act) to the petitioner who was below 21 years of age when t

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