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2026 Supreme(Online)(Ker) 12134

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
PRAKASH R AGED 47 YEARS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO.3370 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.G.SREEKUMAR (CHELUR)
For the Respondents: SRI.GIRISH KUMAR.V., CGC, SRI.SANAL P. RAJ, PP

Failure to appear for a hearing may lead to dismissal of a case for non-prosecution.

Headnote:The petitioner filed a Criminal Miscellaneous case under relevant sections, seeking relief; however, the petitioner failed to appear on scheduled court dates. The court found no justification for the absence of the petitioner and dismissed the case for non-prosecution. The key issue was the lack of representation by the petitioner. The court's rationale was based on established procedural norms for hearing cases in absence of a party. Ultimately, the petition was dismissed for non-prosecution as indicated in the court's order.

Table of Content
1. importance of representation in court proceedings. (Para 1 , 2)
2. dismissal for lack of prosecution. (Para 3)

G. GIRISH, J.

---------------------------- Crl.M.C.No.3370 of 2020 -------------------------------------- Dated this the 20th day of February, 2026

ORDER

No representation from the petitioner.

2. On 19.01.2026, the learned counsel for the petitioner had submitted that he had already relinquished the vakalat for the petitioner. Accordingly, notice was issued to the petitioner intimating the adjournment of the case to this day and also informing him that, if there is no representation the case would be decided in his absence. The aforesaid notice has been returned with the endorsement ‘not known’.

3. Today also, when the matter is taken up for consideration, there is no representation from the part of the petitioner.

In the above circumstances, the petition is hereby dismissed for non-prosecution.

Sd/-

G. GIRISH JUDGE

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