Case Note & Summary
The petitioner, H.A. Devegowda, filed a criminal revision petition under Section 397 of the Code of Criminal Procedure, 1973, challenging the order dated 17.10.2014 in Criminal Appeal No.145/2013 passed by the Principal District and Sessions Judge, Hassan, whereby the appeal was dismissed for non-prosecution, and the order dated 4.7.2013 in C.C.No.217/2006 passed by the II Additional Civil Judge and JMFC, Hassan, was confirmed. The respondent, H.T. Venkategowda, was served but remained absent. The court heard the learned counsel for the petitioner. The court observed that it is well-settled that neither a criminal revision petition nor a criminal appeal should be dismissed for default and they must be disposed of on merits. The court relied on the decision of the Supreme Court in Bani Singh & Others vs. State of U.P. (AIR 1996 SC 2439) which held that the Code of Criminal Procedure envisages disposal of the appeal on merits after perusal and scrutiny of the record. The appellate court is required to dispose of the appeal on merits, not merely by perusing the reasoning of the trial court in the judgment. The Supreme Court cautioned that the appellate criminal court should also cross-check the reasoning with the evidence on record. Accordingly, the court allowed the revision petition, set aside the order dated 17.10.2014 in Criminal Appeal No.145/2013, and directed the appellate court to restore the appeal to its original number and dispose it of on merits in accordance with law. The court also directed the parties to appear before the appellate court on 7.3.2016.
Headnote
A) Criminal Procedure - Appeal - Dismissal for Default - Section 397, Code of Criminal Procedure, 1973 - The court held that neither a criminal revision petition nor a criminal appeal should be dismissed for default and they must be disposed of on merits. The appellate court is required to peruse and scrutinize the record and dispose of the appeal on merits, not merely by perusing the reasoning of the trial court. Reliance placed on Bani Singh & Others vs. State of U.P. (AIR 1996 SC 2439). (Paras 2-3)
Issue of Consideration
Whether a criminal appeal can be dismissed for non-prosecution and whether the appellate court is required to dispose of the appeal on merits.
Final Decision
The court allowed the criminal revision petition, set aside the order dated 17.10.2014 in Crl.A.No.145/2013, and directed the appellate court to restore the appeal to its original number and dispose it of on merits in accordance with law. Parties directed to appear before the appellate court on 7.3.2016.
Law Points
- Criminal appeal cannot be dismissed for default
- Appellate court must dispose of appeal on merits
- Criminal revision petition should not be dismissed for default
