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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
S.Veeramani – Appellant
Versus
State of Tamilnadu, Rep By Inspector Of Police – Respondent
ORDER :
MOHAMMED SHAFFIQ, J.
The present Criminal Revision Petition has been filed challenging the judgment of Additional District Judge (FTC), Theni in Crl.A. No. 110 of 2024 dated 07.11.2024, whereby, the appeal was dismissed summarily on the premise of non-prosecution. Relevant portion of judgment reads as under:
“Appellant called absent. No representation by Advocate, sufficient time already given. Hence this Appeal is dismissed for non prosecution.”
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. The defacto complainant Gubendran/PW.1 is brother of the injured witness, Arivu @ Karuppanan/PW.2. Case of prosecution is that petitioner/accused S.Veeramani and defacto complainant attended a funeral of Periyapandi in their village. At that time, a wordy
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.
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 ....
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.
A criminal appeal once admitted cannot be dismissed for non-prosecution without a merits examination, ensuring fair legal representation.
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.
A criminal appeal cannot be dismissed for non-prosecution without a merits examination, as established by precedent.
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.
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