Shaheen Akhatar vs State Of U.P. And 5 Others
2024 Latest Caselaw 16454 ALL

Allahabad High Court

Shaheen Akhatar vs State Of U.P. And 5 Others on 9 May, 2024

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:83738
 
Court No. - 75
 
Case :- CRIMINAL REVISION No. - 6344 of 2023
 
Revisionist :- Shaheen Akhatar
 
Opposite Party :- State Of U.P. And 5 Others
 
Counsel for Revisionist :- Vijay Kumar Mishra
 
Counsel for Opposite Party :- Asif Akhtar,G.A.,Jalaj Kumar Tripathi,Shahid Akhtar
 

 
Hon'ble Deepak Verma,J.
 

1. Heard counsel for the revisionist and Sri Jalaj Kumar Tripathi counsel for the respondents/opposite party and perused the record.

2. The present criminal revision has been filed to set aside the impugned order dated 11.07.2022 passed by the Sessions Judge, Allahabad in Criminal Appeal No.988 of 2021 (Shaheen Akhtar Vs. Mohd. Parvej and others), P.S. Khuldabad, Allahabad.

3. Counsel for the revisionist submits that the learned Sessions Judge has dismissed the appeal in default and the criminal appeal cannot be dismissed in default. Counsel for the revisionist has placed reliance over the judgment of Apex Court in Parasuram Patel and Another (1994)4 SCC 664 wherein the Court held thus:

"Special leave granted. In the present case, the High Court dismissed the criminal appeal of the appellants only on the ground that there was default in appearance of the appellants and their counsel. It is now well settled that criminal appeal can be dismissed on the ground of default in appearance. The Court has to go through the record of the case even in the absence of the appellants or their counsel and decide the matter on merit. Inasmuch as, the High Court dismissed the appeal without going into the merit of the matter, the impugned order dated 7-4-1992 is hereby set aside and the matter is remanded to the High Court for decision on merit. In the circumstances of the case, the High Court should dispose of the matter within two months of the receipt of this order. The appeal is allowed accordingly."

4. In view of the above observation made by the Apex Court, the criminal revision is allowed. The order dated 11.07.2022 passed by the Sessions Judge, Allahabad in Criminal Appeal No.988 of 2021 (Shaheen Akhtar Vs. Mohd. Parvej and others) is hereby set aside and the matter is remanded back to the Sessions Judge, Allahabad for a decision afresh, on merit in accordance with law.

Order Date :- 9.5.2024

Meenu Singh