MANJUNATH BASAVANNEPPA BADIGER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned State Public Prosecutor for the respondent -State.

(2.) THE petitioner is the accused in C.C. No. 444/2009 on the file of the Addl. Civil Judge & JMFC, Haveri, who was convicted by the trial Court for the offences punishable under Section 279 of Indian Penal Code, 1860 and sentenced to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs. 1,000/ - with default clause.

(3.) IT is a fundamental principle that, whenever the State's interest is involved, the Criminal Appeal shall not be dismissed for non -prosecution. Even if the appellant or his Counsel do not turn up, the Court shall dispose of the Criminal Appeal on merits, considering the materials available on record. The Hon'ble Apex Court in a decision reported in : AIR (2007) 7 SCC 623 in the case of Madan Lal Kapoor Vs. Rajiv Thapar and Others has held that "Criminal Appeals cannot be dismissed for non -prosecution." Head note -A is extracted below: