HIRA SINGH Vs. STATE

JUDGEMENT

(1.) HEARD Mr. M.C. Pande, Advocate for the revisionist as well as Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent.

(2.) THIS criminal revision has been filed by the revisionist against the order dated 24.5.2010 passed by the Sessions Judge in Criminal Appeal No. 9 of 2007 Hira Singh v. State, whereby the appeal of the revisionist/appellant has been dismissed for non -prosecution.

(3.) IT is by now settled position of law that normally an appeal is not dismissed for non prosecution. In case the learned Sessions Judge was of the view that the revisionist / appellant was deliberately avoiding the Court, there were other recourses open for the learned Sessions Judge, such as cancellation of his bail and even to proceed with the matter ex parte, on merits. Instead of proceeding the case on merits and deciding the same, learned Sessions Judge has dismissed the appeal for non -prosecution, which may not be the correct method under the circumstances.