T.Satyam Vs State of Ap

This Criminal Revision Case has been filed under Sections 397 & 401 of the Code of Criminal Procedure, 1973¹ challenging the order dated 02.08.2018 passed by the learned I Additional District and Sessions Judge, Vizianagaram, in Crl.A.No.23 of 2017, whereby the learned appellate Judge dismissed the criminal appeal on the ground that the appellant was absent and there was no representation on his behalf.

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No representation for the petitioner and respondent No.2.

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Mr. Nagaraju, learned Counsel, is appointed as legal aid counsel for the petitioner and Mr. P. Sriram, learned Counsel, is appointed as legal aid counsel for respondent No.2. The Secretary, High Court Legal Services Committee is directed to issue necessary proceedings in this regard.

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Heard Mr. Nagaraju, Legal Aid Counsel for the petitioner, Mr. P. Sriram, Legal Aid Counsel for respondent No.2, and the learned Assistant Public Prosecutor. Perused the material available on record.

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The grievance of the petitioner is that Crl.A.No.23 of 2017 was dismissed by the learned I Additional District and Sessions Judge on 02.08.2018 solely on the ground that the appellant was absent and there was no representation on his behalf, without examining the appeal on merits. The question that arises for consideration is whether a criminal appeal against conviction can be dismissed for non-prosecution.

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1 ‘the Cr.P.C.,’

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The Hon'ble Supreme Court in Bani Singh v. State of Uttar Pradesh² authoritatively held that a criminal appeal cannot be dismissed for default or non-prosecution merely because the appellant or his counsel is absent. The appellate court is under an obligation to dispose of the appeal on merits after examining the record. If necessary, the Court may appoint a legal aid counsel to assist the Court before deciding the appeal.

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The above principle has been consistently reiterated by the Hon'ble Supreme Court in K.S. Panduranga v. State of Karnataka³ , wherein it was held that although the appellate court is not bound to adjourn the matter on account of the absence of the appellant or his counsel, it cannot dismiss the appeal for non-prosecution and must decide the appeal on merits after perusal of the record. The Court also observed that in appropriate cases, particularly where the accused is unrepresented, it is desirable to appoint a legal aid counsel.

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In the present case, the impugned order discloses that the appeal was dismissed solely on the ground that the appellant was absent and there was no representation on his behalf. Such a course adopted by the learned appellate Judge is contrary to the settled principles laid down by the Hon'ble Supreme Court.

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Therefore, the impugned order dated 02.08.2018 passed by the learned I Additional District and Sessions Judge, Vizianagaram, in Crl.A.No.23 of 2017 is liable to be set aside.

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2 (1996) 4 SCC 720

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3 (2013) 3 SCC 721

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Accordingly, the Criminal Revision Case is allowed. The order dated 02.08.2018 passed in Crl.A.No.23 of 2017 by the learned I Additional District and Sessions Judge, Vizianagaram, is hereby set aside. The matter is remanded to the learned I Additional District and Sessions Judge, Vizianagaram, with a direction to restore Crl.A.No.23 of 2017 to file and dispose of the same on merits, in accordance with law, after affording reasonable opportunity of hearing to the parties.

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It is further directed that, in the event the appellant remains absent or is not represented by a counsel on the date of hearing, the learned appellate Court shall appoint a Legal Aid Counsel to represent the appellant and thereafter hear the appeal on merits and pass an appropriate judgment in accordance with law.

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Accordingly, the Criminal Revision Case is allowed. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any pending, shall stand closed.

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________________________ Dr. Y. LAKSHMANA RAO, J

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Dated: 10.07.2026 JLSR

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Whether the order is :

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Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No