SURENDRA PRASAD Vs. NIRAJ THAPA

JUDGEMENT

(1.) HEARD Mr. Ajoy Rathi and Ms. Sushma Pradhan, learned Counsel for the petitioner. Also heard Mr. Karma Thinlay, learned additional Public Prosecutor and Mr. T. Namgyal, learned counsel appealing for the respondent No. 1 in the instant revision petition.

(2.) SINCE the delay in question has already been condoned vide order dated 3-7-2009 passed in Crl. Misc. Application No. 08/2009 as well as keeping in view the question of law raised in this revision petition and as agreed to by the learned counsel for the parties, who have already entered appearance on their behalf respectively, we propose to dispose of this revision petition today itself at the admission stage.

(3.) THE basic question of law involved in the instant revision petition is as to whether a criminal appeal can be disposed of on merits by the appellate Court without hearing the appellant or his or her engaged counsel. The answer is in negative