(1.) The short question raised in this petition under Sec. 482 Crimial P.C. is whether a criminal appeal can be dismissed in default for non prosecution. The impugned order reads thus:-
(2.) Though the position of law is well settled that a criminal appeal cannot be dismissed in default for non prosecution, yet the learned Court ventured to pass the aforesaid order.
(3.) In Parasuram Patel and another Vs. State of Orissa (1994) 4 SCC 664 , it was held by the Hon‘ble Supreme Court that the criminal appeal cannot be dismissed for default in appearance and the Court must decide the matter on merit even in the absence of the appellant or his counsel.