MANOJ DUTT PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

(2.) The short question that arises for consideration in this criminal petition is: whether a revision petition can be dismissed by the revisional Court under Section 397 of Cr.PC for default?

(3.) This question is no longer res intergra. But before I refer to those decisions, the relevant facts may be briefly stated: Crl. RP No.39 of 2001 was filed by the petitioner herein to set aside the order in Crl. MP No.683 of 2001 in CC No.1748 of 1999 dated 23-1-2001. That petition was filed seeking to recall PW1 for farther cross- examination. Learned XI Metropolitan Magistrate, Secunderabad dismissed that application. Challenging the same, the petitioners filed the said revision petition.