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GAUTAM CHOWDHARY
Aman Sinha – Appellant
Versus
State Of Up – Respondent
JUDGMENT :
Gautam Chowdhary, J.
1. Heard Shri S. M. Faraz I. Kazmi, the learned counsel for the applicant as well as Shri Sandeep Kumar Srivastava, the learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for setting aside the order dated 05.03.2024 passed by learned Additional Sessions Judge (F.T.C.), Bareilly in Criminal Misc. Case No. 414/2023- 1190/2023 (Aman Sinha Vs. Ankit Tandan and others), whereby criminal revision preferred by the applicant has been dismissed in default.
3. Learned counsel for the applicant submits that initially applicant had moved an application under Section 156(3) Cr.P.C. against the opposite party Nos. 2 to 5 herein, which was rejected vide order dated 07.07.2023 passed by learned Chief Judicial Magistrate, Bareilly in Misc. Application No. 935 of 2022 and against which order the applicant preferred criminal revision challenging the order dated 07.07.2023 but the said revision has been dismissed in default by the impugned order herein.
4. Learned counsel for the applicant further submits that the impugned order dated 05.03.2024 passed by the learned revisional court dismissing the revisio
A criminal revision cannot be dismissed for default; it must be considered on its merits, and any order affecting personal liberty must be reasoned.
Appellate courts must scrutinize trial records and cannot dismiss criminal appeals summarily for appellant's default or non-representation.
An appeal cannot be dismissed in default without ensuring the appellant has had a reasonable opportunity to be heard, emphasizing the right to legal representation.
The court's decision was based on the proper appreciation of the evidence/material available in the record, the legality of the order taking cognizance, and the power of the revisional court under Se....
Appellate court cannot dismiss criminal appeal solely for appellant's absence without examining records; must appoint Amicus Curiae.
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