P MANI Vs. STATE, SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) In law, the matter would have to be remitted to the appellate Court inasmuch as the appeal of the petitioner stands dismissed for default. A Criminal appeal cannot be so dismissed. This Court, however, taking into consideration the submission of learned counsel for petitioner, is inclined to dispose of this revision on merits.

(2.) This revision is preferred against the judgment of learned XVI Additional Judge, Chennai, passed in C.A.No.210 of 2014 on 16.07.2015 dismissing the appeal for default.

(3.) Petitioner faced trial for offences u/s.341, 325 and 506(ii) IPC in C.C.No.2249 of 2010 on the file of learned XV Metropolitan Magistrate, George Town, Chennai. In brief, the prosecution case is that on 19.03.2010 at about 10.30 p.m. the petitioner/accused obstructed the de facto complainant, abused him using filthy language as also assaulted him, owing to which the de facto complainant had lost his tooth and suffered injuries. The further allegation is that the petitioner/accused threatened the de facto complainant of doing away with his family, if he informed the incident to police.