JUDGMENT :

Sanjeev Kumar, J.

1. The petitioner has invoked the revisional jurisdiction of this Court under Section 397 of Code of Criminal Procedure to assail the order dated 29.09.2021 passed by the court of 1st Additional District Judge, Srinagar ("appellate court") in a criminal appeal titled Mohammad Aslam Shah Vs. State, whereby the appeal of the petitioner against the order and judgment of conviction passed by the Sub-Judge Spl. Mobile Magistrate, Srinagar ("trial court") has been dismissed in default.

2. The impugned order of the appellate court is challenged by the petitioner primarily on the ground that there is no provision in the Code of Criminal Procedure which empowers the appellate court to dismiss the conviction appeal other than on merits.

3. It is submitted by learned counsel for the petitioner that the criminal appeal against the order of the trial court cannot be dismissed by the appellate court for non-prosecution on account of absence of the appellant- convict. He argues that in such situation where the appellant-convict does not appear on the date the appeal is called for hearing, the only option to the appellate court is to appoint amicus curiae and decide the ap