Restoration of criminal revision dismissed for default permitted where the matter had not been decided on merits, subject to costs.

A criminal revision dismissed for want of prosecution, rather than on merits, may be restored where the record shows no adjudication of the underlying grievance. Here, the revision had been dismissed after the petitioner failed to take steps for service and had sought dismissal, but the Court treated the matter as not decided on merits. The petition was therefore restored to its earlier stage so it could be heard on merits, subject to payment of costs as a condition for restoration.

---

---

Issues: Whether a criminal revision dismissed for want of prosecution, and not on merits, should be restored to enable adjudication on merits.

Analysis: The revision was dismissed because summons had not been served and the revision petitioner did not take steps, despite directions, and had also sought dismissal of the revision. The record showed that the revision was not adjudicated on merits. In such circumstances, the Court found it appropriate to permit the petitioner to pursue the grievance in revision, while balancing the consequence of the petitioner's conduct by imposing costs as a condition for restoration.

Conclusion: The revision petition was restored to its earlier stage, subject to payment of costs, so that it could be heard on merits.

---