1994 Supreme(SC) 64

SUPREME COURT OF INDIA
(BEFORE P.B. SAWANT AND N.P. SINGH, JJ.)
PARASURAM PATEL AND ANOTHER
Versus
STATE OF ORISSA
Criminal Appeal No. 22 of 1994{Arising out of SLP (Crl.) No. 1444 of 1993}, decided on January 14, 1994

A criminal appeal cannot be dismissed solely due to the default in appearance of the appellants or their counsel; the court must examine the record and decide the case on its merits.

Headnote:(A) Criminal Law - Appeal - Dismissal for default - No criminal appeal can be dismissed on the ground of default in appearance - Court must examine the record of the case and decide the matter on merit, even in the absence of the appellants or their counsel.

Facts of the case:
An appellate court dismissed a criminal appeal solely on the ground that there was a default in the appearance of the appellants and their counsel.

Findings of Court:
The order of dismissal is set aside as the appellate court failed to go into the merit of the matter. The case is remanded for a decision on merit to be disposed of within two months.

Issues: Whether a criminal appeal can be dismissed solely on the ground of default in appearance of the appellants and their counsel.

Ratio Decidendi: It is well settled that no criminal appeal can be dismissed on the ground of default in appearance; the court is obligated to review the record and decide the matter on its merits.

Result: Appeal allowed.