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Judgment
5 paragraphs · 204 wordsThis is an application against the order of the Sessions Judge of Patna, dated the 28th of April, 1926, dismissing a criminal appeal of the petitioner.
The appeal was admitted on the 18th of February, 1926, and after certain adjournments was fixed for hearing for the 28th of April. On the last date the learned Sessions Judge dismissed the appeal recording the following order:
Appellant not present. Appeal dismissed.
The order in question has contravened the requirements of Section 423 of the Code of Criminal Procedure under which a criminal appeal has to be dealt with. That section requires that the Court is bound to peruse the record and to hear the appellant or his Pleader if he appears before disposing of the appeal. Even if the appellant was not present, the learned Sessions Judge was bound to go through the record himself and to decide the appeal upon merits. Therefore, the appeal has not been legally disposed of.
The order of the learned Sessions Judge, dated the 28th of April, 1926, is illegal and is set aside, and the appeal is restored to its original file. The learned Sessional Judge will now dispose of it in accordance with law.