ASHUTOSH KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner and learned A.P.P. for the State present.

(2.) Counsel for the petitioner submits that the present criminal revision application has been filed against the judgment and order of conviction dtd. 17/8/2016 passed by the learned 4th Additional Sessions Judge, Bhagalpur in Cr. Appeal No. 25 of 2006 arising out of judgment and order dtd. 7/3/2006 passed by the learned J.M. 1st Class, Bhagalpur in Complaint Case No. 943 of 1996 by which the petitioner has been convicted under Sec. 323 of the I.P.C. for six months and under Sec. 498A of the I.P.C., simple imprisonment for two years. It was also directed that sentence shall run concurrently and the period of custody may be set off.

(3.) Counsel for the petitioner submits that the order impugned is basically an illegal order and passed in gross violation of Sec. 385 and 386 of the Cr.P.C. contending that the appellant was not appearing since last many days but all of a sudden on 17/8/2016, Court without hearing the arguments of the counsel for the appellant has passed order on merit. Therefore, according to him, the said impugned order should be set aside and matter be remitted back before the Appellate Court to pass order after complying the provisions laid down under Ss. 385 and 386 of the Cr.P.C.