Parasuram
Patel & Anr Vs. State of Orissa [1994] INSC 29 (14 January 1994)
Sawant,
P.B. Sawant, P.B. Singh N.P. (J)
CITATION:
1994 SCC (4) 664
ACT:
HEAD NOTE:
ORDER
Special
leave granted.
In the
present case, the High Court dismissed the criminal appeal of the appellants
only on the ground that there was default in appearance of the appellants and
their counsel. It is now well settled that no 1 (1985) 3 SCC 737: AIR 1985 SC
1576 + Arising out of SLP (Crl.) No. 1444 of 1993 665 criminal appeal can be dismissed
on the ground of default in appearance. The court has to go through the record
of the case even in the absence of the appellants or their counsel and decide
the matter on merit. Inasmuch as the High Court dismissed the appeal without
going into the merit of the matter, the impugned order dated 7-4-1992 is hereby set aside and the matter is remanded to
the High Court for decision on merit. In the circumstances of the case, the
High Court should dispose of the matter within two months of the receipt of
this order. The appeal is allowed accordingly.
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