Supreme Court Decisions/Judgements Directory

Judges: Lalit Mohan Sharma, K Ramaswamy And N Venkatachala, Jj Act Code Of Criminal Procedure 1973 Sections 374, 382, 383, 384 Criminal Appeal Non Prosecution Power Of Court To Dismiss Held A Criminal Appeal Cannot Be Dismissed For Non Prosecution Appellate Court Should Examine The Petition Of Appeal And Judgment Under Challenge And Consider The Merits Of The Case Before Dismissing The Appeal Summarily Distinction Between Criminal And Civil Appeal Discussed Civil Procedure Code 1908 Order 47 Rule 11, 17 And 19 Headnote The Appellant Was Convicted Under Section 5 2 Of The Prevention Of Corruption Act And Was Sentenced To Two Years Rigorous Imprisonment And A Fine Of Rs 200 He Filed An Appeal Under Section 374 Of The Criminal Procedure Code Before The Allahabad High Court Which Was Dismissed For Default Of The Appearance Of The Appellant And His Counsel An Application For Restoration Of The Appeal Made Thereafter Was Also Dismissed In Appeal To This Court It Was Contended On Behalf Of The Appellant That The Appeal Could Not Have Been Dismissed For Default On The Ground Of Absence Of The Appellant Or His Counsel To Appear And Press The Appeal Allowing The Appeal And Setting Aside The Orders Of The High Court, This Court, Held 1 The High Court Was Not Right In Dismissing The Appeal On The Ground Of Non Appearance Of The Appellant Or His Counsel And It Should Have Allowed The Prayer Of Restoration Of The Criminal Appeal Under Its Inherent Power 310 C 2 Under Section 384 Of The Criminal Procedure Code It Is The Duty Of The Appellant Court To Examine The Petition Of Appeal And The Judgment Under Challenge And To Consider The Merits Of The Case Before Dismissing The Appeal Summarily The Said Duty Is Not Dependent On The Appellant Or His Counsel Appearing Before The Court To Press The Appeal As Soon As A Petition Of Appeal Is Presented Under Section 382 Or 383 It Becomes The Duty Of The Appellate Court To Consider The Same On Merits, Even In The Absence Of The Appellant And His Counsel Before Dismissing The Same Summarily Therefore, The High Court Should

02 November, 1992·PETITIONER:KISHAN SINGH Vs. RESPONDENT:STATE OF UTTAR PRADESH DATE OF JUDGMENT02/11/1992 BENCH:[LALIT MOHAN SHARMA, K. RAMASWAMY AND N. VENKATACHALA, JJ.] ACT:Code of Criminal Procedure 1973: Sections 374, 382, 383,384.Criminal appeal-Non-prosecution Power of Court to dismiss Held a criminal appeal...