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2025:APHC:57982

APHC010621412025

IN THE HIGH COURT OF ANDHRA PRADESH

ATAMARAVATI [3521]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL REVISION CASE NO: 1341/2025

Between:

1.CHEKKA NAVEEN, S/O JAYA RAMA NAGESWARA RAO,AGED 32

YEARS, NACHUVARI THOTA, GUNUPUDI,

BHIMAVARAM,BHIAVARAM MANDAL, WEST GODAVARI DISTRICT.

...PETITIONER

AND

1.THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC

PROSECUTOR HIGH COURT OF ANDHRA PRADESH,AMARAVTHI.

2.GADEY KASI VISWANADHAM, S/O NAGESWARA RAO, AGED 64

YEARS, R/O D.NO. 22-16-23/1, SUNDAY MARKET,R/O

BHIMAVARAM,WEST GODAVARI DISTRICT

...RESPONDENT(S):

Counsel for the Petitioner:

1.BILAALAHMED SYED

Counsel for the Respondent(S):

1.PUBLIC PROSECUTOR

The Court made the following:

ORDER:

This Criminal Revision Case has been filed under Sections 438 and 442

of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’)

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2025:APHC:57982

challenging the Judgment dated 01.07.2025 passed in Crl.A.No.206 of 2024,

on the file of the learned III Additional District Judge, Bhimavaram, whereby

and whereunder theAppeal was dismissed for default.

2. Heard the learned Counsel for the Petitioner and learned Assistant

Public Prosecutor.

3. Feeling aggrieved by the judgment dated 01.07.2025 passed by the

learned Appellate Court in Crl.A.No.206 of 2024 the Revision Case has been

filed.

4. Learned Counsel for the Petitioner submits that the petitioner could not

appear before the learned Appellate Court as he was under medical treatment

between 30.06.2025 and 03.07.2025. A medical certificate dated 03.07.2025

confirms that he was advised rest during this period. His absence was thus

due to sufficient cause beyond his control. The dismissal of the appeal without

verifying this reason resulted in grave prejudice. The appeal was filed because

the Petitioner challenged the conviction judgment dated 09.09.2024 in C.C.

No.190/2020.

5. Thoughtful consideration is bestowed on the arguments advanced by

the learned counsel for the Petitioner and the learned Assistant Public

Prosecutor. I have perused the record.

6. Now the point for consideration is:

“Whether the judgment in Crl.A.No.206 of 2024 dated 01.07.2025, passed

by the learned III Additional District Judge, Bhimavaram, is correct, legal,

and proper with respect to its finding, sentence, or judgment, and there are

anymaterial irregularities?And towhatrelief?”

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7. On perusal of the impugned judgment, it is clear that the learned

Appellate Court had not provided any opportunity to the learned counsel for

the petitioner/accused for advancing the arguments. Without hearing the

arguments of the petitioner/accused, it was not proper on the part of the

learned Sessions Judge to dismiss the criminal appeal.

8. A Criminal Appeal could not be dismissed for default, even if the

appellant/accused was absent and despite a conditional order passed by the

learned Appellate Court was not complied with. The learned Appellate Court

was left with the option of hearing the appeal on merits by appointing a legal

aid counsel for the appellant. Dismissing a Criminal Appeal for default is not

contemplated under any of the provisions of the Code of Criminal Procedure.

The Hon’ble Apex Court, in categorical terms, has held that a Criminal Appeal

cannot be dismissed for default like a Civil Appeal under Order XLI rule 17 of

the Code of Civil Procedure (for brevity ‘the C.P.C’).

9. The Hon’ble Apex Court in Khaili v. State of U.P, 2025:APHC:57982 at para No.1 it is held

as under:

“…But even though the fees and expenses were not paid, the Advocate

should not, in our opinion, have refused to argue the case. It must be

remembered by every advocate that he owes a duty to the court,

particularly in a criminal case involving the liberty of the citizen, and even if

he has not been paid his fees or expenses, he must argue the case and

assist the court in reaching the correct decision. We can appreciate a

situation where an advocate