BEENA Vs. NANDAKUMAR; S MANOHARAN; DHANALAKSHMI

JUDGEMENT

(1.) Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C. against the order passed by the XVII Metropolitan Magistrate, Saidapet, Chennai, in M.P.No.690 of 2013, dated 04.09.2014, seeking interim relief.

(2.) Today, though, the matter is listed under the caption "for dismissal", when the matter is taken up, there is no representation for the petitioner. The Hon'ble Apex Court in the judgment Prasuram Patel & another vs. State of Orissa, 1994 4 SCC 664 has held that the Criminal Appeal cannot be dismissed for default in appearance of the appellant, but, the Court must decide the matter on merits even in the absence of the appellant or his counsel.

(3.) It is also relevant to refer to the judgment of the Hon'ble Apex Court K.S.Panduranga vs. State of Karnataka, 2013 3 SCC 721 wherein, the Hon'ble Apex Court has culled out certain principles and has held in paragraph No.19 as follows:-