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A. D. JAGADISH CHANDIRA
Veerakumar – Appellant
Versus
State Rep. by Inspector of Police, Taluk Police Station – Respondent
ORDER :
PRAYER: Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C., to call for the records relating to the Judgment dated 28.10.2022 made in Crl.A.No.112 of 2018 on the file of the 3rd Additional District Judge, Thanjavur @ Pattukkottai, by confirming the conviction made in C.C.No.470 of 2007 on the file of the Judicial Magistrate, Pattukkottai, Thanjavur District, dated 03.09.218 and set aside the same as illegal.
This Criminal Revision Petition has been filed by the petitioner/accused against the order of dismissal of appeal for default dated 28.10.2022 in Crl.A.No.112 of 2018 by the learned 3rd Additional District Judge, Thanjavur @ Pattukkottai by confirming the conviction made in C.C.No.470 of 2007 on the file of the Judicial Magistrate, Pattukkottai, Thanjavur District, dated 03.09.218.
2.The case of the prosecution is that the petitioner is an accused in C.C.No.470 of 2007 filed by the respondent for the offences under Sections 341, 326 and 506(2) IPC. The trial Court had found the petitioner/accused guilty and convicted him to undergo Rigorous Imprisonment for a period of two years for the offence under Section 326 IPC and to undergo one year Rigorous Im
The main legal point established in the judgment is that the appellate court is obligated to hear the appellant or their counsel and go through the records before disposing of the appeal, as per the ....
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.
The appellate court cannot dismiss a conviction appeal for non-appearance; it must appoint amicus curiae and decide the appeal on merits, safeguarding the accused's right to liberty.
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.
Appellate courts must scrutinize trial records and cannot dismiss criminal appeals summarily for appellant's default or non-representation.
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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