JUDGMENT :

(Ravindra Maithani, J.) :

The challenge in this revision is made to the order dated 09.02.2023, passed in Criminal Appeal No. 221 of 2021, Satish Kumar Vs. State of Uttarakhand and others, by the court of 3rd Additional District Judge, Udham Singh Nagar (“the appeal”). By it, the appeal has been dismissed in non prosecution.

2. Heard learned counsel for the parties and perused the record.

3. Notices have earlier been served on private respondents, but they are not represented.

4. Learned counsel for the revisionist would submit that the appeal once admitted cannot be dismissed in non prosecution. He would submit that the appeal was admitted on 29.10.2021. The order sheet has been referred to. In support of his contention, he has placed reliance on the principles of law, as laid down in the case of Madan Lal Kapoor Vs. Rajiv Thapar and others, (2007) 7SCC 623.

5. In the case of Madan Lal Kapoor (supra), the Hon’ble Supreme Court while relying on the principles of law, as laid down in the case of Bani Singh Vs. State of UP, (1996) 4 SCC 720 has held that “a criminal appeal should not be dismissed in default but should be decided on merits. If despite notice neither the appel