MUKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this petition, order dated 25.6.2016 passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, circuit Court at Baijnath has been sought to be quashed and set aside.

(2.) It is seen that against his conviction and sentence under Sec. 323 324 Penal Code vide judgment dated 23.12.2011 passed by learned Judicial Magistrate Ist Class, Baijnath in Criminal case No. 13-II/11, the convict-petitioner had preferred an appeal registered as Criminal Appeal No. 14-B/X/2015. The appeal when taken up on 25.6.2016 by learned Additional Sessions Judge-III, Kangra at Dharamshala in Circuit Court at Baijnath, neither the petitioner-convict nor learned Counsel representing him could appear. Learned lower Appellate Court on having called the appeal thrice has passed the following order at 2:45 P.M.:

(3.) As a matter of fact, a criminal appeal cannot be dismissed in default and rather to be decided on merit even if the appellant-convict or learned counsel representing him are not present. The impugned order, as such, is patently illegal. The same is accordingly quashed and set aside. Consequently, the appeal is restored to its original number and file and the case remanded to learned Appellate Court for disposal in accordance with law.