Andhra Pradesh High Court - Amravati
Alluru Rajasekhar Reddy vs The State Of Andhra Pradesh on 10 March, 2023
THE HON'BLE Ms. JUSTICE B.S.BHANUMATHI
Criminal Revision Case No.177 of 2023
ORDER:
This Criminal revision case under Sections 397 & 401 Cr.P.C is
preferred against the order, dated 16.11.2022, in C.A.No.274 of 2016
on the file of the Court of VI Additional Sessions Judge, Gudur
dismissing the Criminal Appeal for default.
2. Heard the learned counsel for the petitioner and the learned
Assistant Public Prosecutor representing the respondent/State.
3. The first appellate Court passed the following order:
"Appellant called absent. No representation on behalf of
the Appellant/Accused inspite of specific directions given by
this Court for taking steps on the death of
Respondent/Complainant. On the last day, the Court has
passed an order directing the appellant to take steps on
next date. But today there is no response from the
appellant/accused. This is a listed and target matter of
Pre-2018, to be given first priority for disposal. Absence of
appellant and failure in taking steps, causing unnecessary
delay in disposal. Therefore, the appeal is dismissed
confirming the Judgment of the trial Court in C.C.No.07 of
2015 dated 18.08.2016".
4. Having aggrieved by the said order, this revision petition is
filed.
BSB, J
Crl.R.C.No.177 of 2023
5. The learned counsel for the petitioner submitted that a criminal
appeal cannot be disposed of on the grounds of default for hearing
and the matter ought to have been disposed of on merits. It is also
further submitted that the respondent/complainant passed away and
on the day of last adjournment before the hearing scheduled on
16.11.2022, directions were given by the appellate Court for taking
steps on the death of respondent/complainant and therefore there is
no mala fide on the part of the petitioner in not prosecuting the
appeal.
6. The learned Assistant Public Prosecutor submitted that as per
the decisions of the Supreme Court, it is now well settled that a
criminal appeal should be disposed of on merits and not by dismissing
in default.
7. As can be seen from the record, a Memo dated 09.08.2017 was
filed by the Respondent/Complainant's counsel before the appellate
Court stating that the respondent/complainant died on 11.02.2017 and
directions were given by the appellate Court for taking steps on the
death of respondent/complainant and posted the matter for hearing
on 16.11.2022. It seems the appellant did not take any steps on the
death of the respondent/complainant, nor did he make any
representation on 16.11.2022 and therefore the appellate Court
passed the impugned order dismissing the appeal for default.
BSB, J
Crl.R.C.No.177 of 2023
8. As per the decision of the three Judge Bench of the Supreme
Court in Bani Singh Vs State of U.P. 1 , while dealing with criminal
appeals dismissed for default, it is observed that a criminal appeal
should not be dismissed in default but should be decided on merits,
despite the absence of the appellant on receipt notice or his counsel.
9. The same view was observed by the Supreme Court in
Parasuram Patel Vs State of Orissa2 also.
10. In view of the settled legal position, the impugned order is liable
to be set aside and the matter shall be remanded to the appellate
Court for disposal of the appeal on merits. However, the revision
petitioner/appellant/Accused shall co-operate with the appellate
Court for hearing and disposal of the appeal on merits.
11. Accordingly, the Criminal Revision Case is allowed and the order
dated 16.11.2022, in C.A.No.274 of 2016 on the file of the Court of VII
Additional Sessions Judge, Gudur is set aside and the matter is
remanded to the appellate Court for fresh disposal on merits and the
revision petitioner/appellant/Accused is directed to immediately take
steps to bring the Legal Representatives of the deceased
Respondent/complainant, as early as possible preferably within two
(2) months from the date of this order and to co-operate with the
( 1996) 4 SCC 720
(1994) 4 SCC 664
BSB, J
Crl.R.C.No.177 of 2023
appellate Court for disposal of the appeal on merits and if he does not
co-operate the appellate Court, it is at liberty to dispose of the appeal
as per law.
Pending miscellaneous petitions, if any, shall stand closed.
________________
B.S.BHANUMATHI, J
Dt.10.03.2023
SAB
