Special leave granted. In the present case, the High Court dismissed the criminal appeal of the appellants only on the ground that there was default in appearance of the appellants and their counsel. It is now well settled that no 1 Arising out of SLP (Crl.) No. 1444 of 1993 criminal appeal can be dismissed on the ground of default in appearance. The court has to go through the record of the case even in the absence of the appellants or their counsel and decide the matter on merit. Inasmuch as the High Court dismissed the appeal without going into the merit of the matter, the impugned order dated 7-4-1992 is hereby set aside and the matter is remanded to the High Court for decision on merit. In the circumstances of the case, the High Court should dispose of the matter within two months of the receipt of this order. The appeal is allowed accordingly.
Parasuram Patel And Another v. State Of Orissa
Parasuram Patel And Another v. State Of Orissa
(Supreme Court Of India)
No | 14-01-1994
Advocate List
Bench
- HON'BLE JUSTICE P. B. SAWANT
- HON'BLE JUSTICE N. P. SINGH
Eq Citations
- (1994) SCC CRI 1320
- (1994) 4 SCC 664
- LQ/SC/1994/63
Head Note
Criminal Procedure Code, 1973 — Ss. 378 and 386 — High Court dismissing criminal appeal only on ground of default in appearance of appellants and their counsel — Permissibility — Held, no criminal appeal can be dismissed on ground of default in appearance — Court has to go through record of case even in absence of appellants or their counsel and decide matter on merit — Penal Code, 1860, Ss. 302 and 304 I
