JUDGMENT 1. - By this petition, petitioner has challenged the order dated 23.6.2010 passed by the learned Additional District & Sessions Judge, Kekari, District Ajmer in Cr. Revision No. 27/08, titled Gokulchand v. State of Rajasthan whereby he dismissed the revision petition of the petitioner in default and confirmed the order passed by the ACJM, Kekari, Dist. Ajmer dismissing the protest petition of the complainant-petitioner. 2. The facts for disposal are that a criminal complaint was made by the petitioner before the trial court. The trial court under Section 156(3) Cr.PC. sent the said complaint for investigation to the Police Station, Kekari where a FIR No. 35/05 was registered and after completion of investigation, the police submitted Final Report in the matter against which, the petitioner filed protest petition but that was dismissed. The revision petition preferred by the petitioner came for consideration before the learned Addl. District & Sessions Judge, Kekari who in absence of the petitioner or his counsel, dismissed the revision petition in default. Hence, the present misc. petition. 3. The argument which has been raised by the learned counsel for the petitioner is that a criminal revision is not liable to be dismissed without discussing the merits. In support of his contention, the learned counsel placed reliance on the decision of the Hon'ble Supreme Court in the case of Madan Lal Kapoor v. Rajiv Thapar & Ors., (2007) 7 SCC 623 in which it has been observed that without giving reasons and considering merits of the revision, the revision petition was not liable to be dismissed. In the above case, criminal revision petition filed by the petitioner before the High Court was dismissed without discussing the merits. The Hon'ble Supreme Court, therefore, set aside the order of dismissal passed by the High Court on the revision petition and remitted the case back for fresh decision. 4. In view of above law laid down by the Hon'ble Apex Court, at this stage only the misc. petition needs to be allowed. 5. Accordingly, the misc. petition is allowed. The impugned order dated 23.6.2010 is hereby set aside and the learned revisional court is directed to hear the revision petition on merits after restoring the same to its original number preferably within a period of four months. The petitioner shall appear before the revisional court on 27.08.2010.Petition Allowed. *******