V RAVINDER Vs. STATE POLICE

JUDGEMENT

(1.) This is a revision filed by the accused against the dismissal of their appeal for their absence by the Addf. Sessions Court, Sangareddy.

(2.) After examination of PWs. 1 to 5 and marking of Exs. P-1 to P4, the trial Court convicted the petitioners and sentenced them to suffer SI. for six months for the offence under sec. 452 IPC, three months under sec. 323 IPC and three months under sec. 342 IPC, directing all the sentences to run concurrently. Against these convictions and sentences the petitioners filed an appeal before the Additional Sessions Court. The appeal was admitted. After notice to the Public Prosecutor the appeal eame up for hearing on 21st June, 89. On that day the petitioners were absent and therefore the appellate Court dismissed the appeal by the following order: ''A1 to A4 absent. Appeal dismissed Inform Judicial Magistrate of First Class, Siddipet, to cause their arrest to undergo sentence". Challenging this order, the present revision is filed.

(3.) It is contended by the learned counsel for the petitioners that the appeal once admitted cannot be dismissed for default, i.e. for the absence of the appellant-petitioners or their counsel. He submitted that the Court ought to have issued notice to the petitioner appellants if their counsel was absent or not ready with the case aud after hearing them only the appeal could have been disposed of on merits. He pointed out that dismissal of the appeal after its admission for the absence of the appellants or their counsel is not provided by the Criminal Procedure Code and therefore the order under revision is liable to be set aside.