ORDER :

1. Leave granted.

2. The Trial Court convicted all the accused under Section 498-A IPC and Sections 3/4 of the Dowry Prohibition Act and awarded separate sentences for each of the offences. On appeal, all the accused were acquitted of all the charges. Surprisingly, the State went in appeal before the High Court. Before the High Court, the learned Single Judge proceeded to hear the appeal in the absence of the counsel for the respondents-accused therein and proceeded to confirm the acquittal of the parents of the present appellant as also his two sisters but at the same time reversed the acquittal of the appellant and convicted him under Section 498-A IPC only. It, however, maintained the acquittal under Sections 3/4 of the Dowry Prohibition Act.

3. Aggrieved by the same, the appellant is before us.

4. Paragraph 3 of the impugned judgment and order clearly records that the learned counsel representing the respondents before the High Court i.e., for all the five accused were absent. Despite the same, the High Court without appointing an amicus, proceeded to hear the appeal and pass the order of conviction against the appellant. On this short ground alone, the appeal deserves to be allowed. Accordingly, the impugned judgment and order of the High Court recording the conviction against the appellant is set aside. The rest of the order, insofar as it confirms the acquittal in favour of the other four accused and acquittal of appellant under section 3/4 of the Dowry Prohibition Act being in their favour, need not be meddled with and stands confirmed. The appeal before the High Court shall stand restored to its original number and shall be heard qua the appellant i.e. Dr. Mohammed Ashraf only with respect to charge under section 498A IPC only.

5. Pending applications, if any, shall stands disposed of.