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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ramesh – Appellant
Versus
H.P. State Co-operative Agriculture & Rural Development Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. dismissal for non-prosecution without notice improper (Para 1 , 2 , 3 , 4) |
| 2. appoint amicus curiae absent counsel in appeals (Para 5 , 6 , 7) |
| 3. quash default order; restore appeal on merits (Para 8 , 9) |
JUDGMENT :
SANDEEP SHARMA, J.
Being aggrieved and dissatisfied with the order dated 29.11.2025 passed by learned Additional District Judge-II, Solan, Himachal Pradesh, whereby appeal, having been filed by the petitioner against the judgment dated 31.01.2025, passed by the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P., in criminal case No.45/3 of 2020, titled as “ The HPSCB Vs. Ramesh ”, came to be dismissed in default, petitioner has approached this Court in the instant proceedings filed under Section 438 of BNSS, praying therein to set aside the aforesaid order and restore the appeal filed under Section 415 of .
2. Learned Counsel representing the petitioner fairly states that on account of some unavoidable circumstances, petitioner was unable to come present on the date of passing of the impugned order and he was under impression that his counsel will come present and seek further time, however, learned Appellate Court, taking note of h
Criminal appeals cannot be dismissed for non-prosecution due to absence of accused or counsel; court must appoint amicus curiae to protect liberty and ensure fair hearing.
An appellate court is prohibited from dismissing a criminal appeal for non-representation; it must decide on the merits after reviewing the evidence and trial court's findings.
An appellate court must consider the merits of an appeal and cannot dismiss it for non-prosecution or absence of the appellant or counsel per the Criminal Procedure Code.
Disposal of appeal – If accused does not appear through Counsel appointed by him/her, Court is obliged to proceed with hearing of case only after appointing an amicus curiae, but cannot dismiss appea....
The dismissal of a criminal appeal for non-prosecution is impermissible; courts must ensure a hearing on merits and may appoint amicus curiae if necessary.
Dismissal of a criminal appeal for non-prosecution is impermissible without examining merits; courts must appoint amicus curiae if the appellant's counsel is absent.
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