DASARIPALLI SUDHEER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case, under Ss. 397 and 401 of Code of Criminal Procedure, 1973 (for short, 'Cr. P.C.') is directed against the Order, dtd. 5/1/2024 in Crl.M.P.No.1156 of 2023 in S.C.No.55 of 2021 on the file of Court of IV Additional Sessions Judge-cum-Special Judge for the trial of offences against Women, Anantapuramu (for short, 'the trial Court') wherein allowing the petition filed under Sec. 439(2) of Cr.P.C. and cancelled the bail granted in Crl.M.P.No.880 of 2020 in Crime No.02 of 2020, dtd. 2/11/2020 to the petitioner/accused.

(2.) I have heard learned Counsel appearing for the Revision Petitioner/Accused and the learned Assistant Public Prosecutor appearing for the Respondent/State.

(3.) The learned counsel for the petitioner submits that the impugned order came to be passed without giving any opportunity to the petitioner. In support of his contention, he placed a copy of the docket sheet, which shows that the case was made over to the IV Additional Sessions Judge, Ananthapuramu, it was received by the said Court on 30/12/2023, and the matter was posted to 2/1/2024; on 2/1/2024, the matter was adjourned for hearing of the Special Public Prosecutor and for filing counter, subsequently it was posted to 4/1/2024; on 4/1/2024, the trial Court observed that no counter was filed and it treated as no counter. Finally, on 5/1/2024, the trial Court passed the impugned order. The learned counsel for the petitioner contends that no notice was ordered to the petitioner, it seems that the defence counsel had taken the notice, but he had not appeared, and also, no counter was filed.