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Judgment
8 paragraphs · 376 wordsK.N. Phaneendra, J.—Heard the learned Counsel for the petitioner and the learned State Public Prosecutor for the respondent-State.
The petitioner is the accused in C.C. No. 444/2009 on the file of the Addl. Civil Judge & JMFC, Haveri, who was convicted by the trial Court for the offences punishable u/s 279 of Indian Penal Code, 1860 and sentenced to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs. 1,000/- with default clause.
The said judgment of conviction was challenged before the learned Sessions Judge, Haveri in Criminal Appeal No. 37/2011. The order sheet dated 15.04.2014 discloses that, the learned Sessions Judge has dismissed the appeal for non-prosecution as there was no representation and respondent had strongly objected to adjourn the case.
It is a fundamental principle that, whenever the State''s interest is involved, the Criminal Appeal shall not be dismissed for non-prosecution. Even if the appellant or his Counsel do not turn up, the Court shall dispose of the Criminal Appeal on merits, considering the materials available on record. The Hon''ble Apex Court in a decision reported in Madan Lal Kapoor Vs. Rajiv Thapar and Others, has held that "Criminal Appeals cannot be dismissed for non-prosecution." Head note-A is extracted below:
A. Sections 401, 399 & 397-Dismissal of criminal revision for default or non-prosecution without going into the merits of the case-permissibility of-held, not permissible-Rule laid down by Supreme Court that a criminal appeal cannot be dismissed for default also applies to criminal revision.
In view of the above said decision, I am of the opinion, the order passed by the learned Sessions Judge is bad in law and the same is liable to be set aside.
Hence the revision petition is allowed. Order dated 15.04.2014 passed by the learned District and Sessions Judge, Haveri is hereby set aside. Criminal Appeal No. 37/2011 is restored to the file of the learned District and Sessions Judge, Haveri with a direction to dispose of the case on merits. However, it is directed that the petitioner shall assist the Court in disposing of the case on merits.
In view of disposal of the main petition, I.A. 1/2014 does not survive for consideration and the same is disposed of.