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2020 Supreme(SC) 195

MOHAN M.SHANTANAGOUDAR, R.SUBHASH REDDY
SHAIK MUKTHAR – Appellant
Versus
STATE OF ANDHRA PRADESH NOW STATE OF TELANGANA – Respondent


Advocates Appeared:
For the Appellant(s) :P. Prabhakar, P. Srinivas Reddy, Manoj C. Mishra, Advocates
For the Respondent(s):Bina Madhavan, S. Udaya Kumar Sagar, Swati Bhardwaj, Advocates

ORDER

1. This appeal is filed questioning the judgment dated 20.03.2019 passed by the High Court of the State of Telangana at Hyderabad in Criminal Appeal No. 1140 of 2013 confirming the conviction of the appellants for the offence under Section 498A of the Indian Penal Code, 1860 (“IPC”) and sentencing the appellants to undergo imprisonment for two years. The Trial Court had sentenced to undergo imprisonment for three years.

2. We find from the judgment of the High Court that the appellants were not heard in the High Court. The appellants advocate remained absent on the date of hearing. The appellants should not have been penalized for the same.

3. It is by now well settled by a catena of judgments such as the decision of this Court in Rakesh & Anr V. State of Madhya Pradesh, 2011(12) SCC 512, that it is in the interest of justice to appoint an amicus curiae to assist the court where the accused is unrepresented. The Court may also refer the matter to the Legal Services Committee, which may appoint an advocate to represent the accused. The High Court, unfortunately, has not chosen to either appoint an Amicus curiae or to refer the matter to the Legal Services Committee requesting it

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