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.

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 proceed to answer the above question, it may be relevant to give a brief overview of the case.

3.1. Case of prosecution is that on 24.11.2021 at about 08.00a.m., the petitioner/accused Selvam attacked the Defacto-complainant with knife nearby Thevaram Government School. The Defacto- complainant/P.W.1 Murugesan sustained grievous injuries in his left hand and his left thumb finger also had laceration injuries. He was admitted in Government Hospital for treatment. P.W.13/Mr.Jeganathan, Sub-Inspector of Police, Thevaram Police Station, Theni District received information and registered a case in Crime No.487 of 2021 for the offences punishable under Sections.341, 326 & 307 of IPC on 24.11.2021. On completion of investigation, charge sheet was filed in P.R.C.No.16 of 2022 before Judicial Magistrate, Bodinayackanoor, and the case was committed to Principal Sessions Judge, Theni. Thereafter, case was numbered as S.C.No.93 of 2022 and transferred to Assistant Sessions Court cum Chief Judicial Magistrate, Theni.

4. Assistant Sessions cum Chief Judicial Magistrate, Theni, vide order dated 27.10.2023 passed in S.C.No.93 of 2022, convicted revision petitioner and sentenced to undergo one month simple imprisonment for offence u/s.341 of IPC ; to undergo seven years of rigorous imprisonment and to pay fine of Rs.1,000/-, in-default, to undergo one month simple imprisonment for offence u/s.307 of .

4.1. Aggrieved, petitioner filed an appeal before Additional District Judge (FTC), Theni in Crl.A.No.147 of 2023. However, appeal came to be dismissed summarily by merely recording ''Appellant called absent. No representation, Sufficient opportunity given, perused, This Appeal is dismissed summarily''.

4.2. It is against the above order of summary dismissal by Appellate Court, the present revision has been filed on the premise that once the Appellate Court has admitted the appeal, it ought to be decided on merits and it is impermissible for the Appellate Court to dismiss the appeal for non-prosecution or for non-appearance of appellant or his counsel.

5. The above question, as stated supra, is no longer res integra and stands resolved by the judgment of three Judges Bench of the Supreme Court in Bani Singh and others Vs. State of U.P. reported in (1996) 4 SCC 720. The Supreme Court in Bani Singh's case while dealing with the question as to whether it is permissible to dismiss an appeal for non- prosecution, overruled the earlier decision in Ram Naresh Yadav Vs. State of Bihar reported in AIR 1987 SC 1500. In Ram Naresh Yadav's case, it was found that the Court can dismiss the appeal for non- prosecution and enforce disciplinary action against the erring Advocate or refer the matter to Bar Council. In Bani Singh's case, it was held that the decision in Ram Naresh Yadav'