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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Selvam – Appellant
Versus
State Of Tamilnadu Rep By Inspector Of Police – Respondent
| Table of Content |
|---|
| 1. overview of the case and prosecution. (Para 1 , 3 , 4) |
| 2. question of dismissing appeal for absence. (Para 2) |
| 3. requirement to decide merits of appeal. (Para 5 , 6 , 7) |
| 4. setting aside of prior dismissal. (Para 8) |
| 5. conditions for bail during appeal. (Para 9 , 10 , 11) |
ORDER :
MOHAMMED SHAFFIQ, J.
1. The present Criminal Revision Petition has been filed challenging the judgment of Additional District Court (FTC), Theni in Crl.A.No.147 of 2023 dated 05.11.2024, whereby, it was observed that appellant, i.e., petitioner herein, was called absent; there was no representation in appeal and appeal was dismissed summarily. Relevant portion of judgment reads as under:
“Appellant called absent. No representation, Sufficient opportunity given, perused, This Appeal is dismissed summarily.”
2. The short question that arises for consideration in the present revision is as to whether it is open to Appellate Court to dismiss the appeal summarily on the premise that appellant is called absent and is not represented by any counsel. The above question is no longer res integra and stands resolved by a series of judgments of the Supreme Court and other High Courts.
3. However, before I pr
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.
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.
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 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.
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.
A criminal appeal once admitted cannot be dismissed for non-prosecution without a merits examination, ensuring fair legal representation.
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