ORDER :

1. Instant Criminal Revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, lays challenge to order dated 22.3.2021, passed by learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, Himachal Pradesh, whereby appeal bearing No. 60 of 2015, having been filed by the petitioner-accused ( hereinafter referred to as the accused), laying therein challenge to judgment of conviction dated 28.5.2015 and order of sentence dated 29.5.2015, passed by Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, H.P. came to be dismissed in default.

2. Mr. B.R. Sharma, learned counsel representing the respondent fairly states that prayer made in the instant petition deserves to be allowed for the reason that criminal appeal having been filed by the accused could not be dismissed by court below in default.

3. By now, it is well settled that appellate court while exercising appellate power is under obligation to decide the appeal on its merit and definitely cannot dismiss the appeal in default. Reliance in this regard is placed upon the judgment rendered by Three Judges Bench of Hon’ble Apex Court in Bani Singh and Others vs.