Gauhati High Court
Stephen Doley @ Sri Stiphen Doley vs The State Of Assam And Anr on 6 March, 2025
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GAHC010040082025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./240/2025
STEPHEN DOLEY @ SRI STIPHEN DOLEY
S/O LATE BHASKAR JYOTI DOLEY
R/O SOCIETY, SILAPATHAR, WARD NO. 3, P.O. AND P.S. SILAPATHAR
DIST. DHEMAJI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
2:SMTI. JUNMONI MISSONG DOLEY
D/O SRI HUKUA SINGH MISSIONG
R/O KANGKAN NAGAR
SILAPATHAR
P.S. SILAPATHAR
DIST. DHEMAJI
ASSAM
PIN-78705
Advocate for the Petitioner : MR. N H BARBHUIYA, AJMAT ALI,MR. S Y AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 06.03.2025
1. Heard Mr. N. H. Barbhuiya, learned for the petitioner. Also heard Mr. R.
J. Baruah, learned Additional Public Prosecutor for the State.
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2. This application under Section 528 of BNSS, 2023 has been filed by the
petitioner impugning the order dated 10.01.2025, passed by the learned
Sessions Judge, Dhemaji in Criminal Revision No. 12/2016, whereby the said
criminal revision petition filed by the present petitioner was dismissed for
default.
3. The learned counsel for the petitioner has submitted that a criminal
matter cannot be dismissed for default as it relates to administration of criminal
justice. He submits that the Apex Court has, in its judgment in the case of
"Madan Lal Kapoor -Vs- Rajiv Thapar and Ors. ", reported in "(2007) 7 SCC 623",
as well as in "Taj Mohammad -Vs- State of Uttar Pradesh and Anr ." reported in
"2023 LiveLaw (SC) 689", laid to the rest the dispute that whether a criminal
revision can be dismissed for default or not. The Apex Court held that the rule
laid down by the Apex Court that a criminal appeal should not be dismissed for
default would also apply to criminal revisions.
4. I have considered the submissions made by the learned counsel for
the petitioner and the learned Additional Public Prosecutor as well as gone
through the materials available on record.
5. For the sake of convenience, the impugned order dated 10.01.2025
passed by the learned Sessions Judge, Dhemaji in Criminal Revision No.
12/2016 is reproduced herein below:-
"10.01.2025
Revisionist is absent without any steps.
Opposite Party is also absent without any steps.
Perused the case-record and it is seen that the revisionist had been
absent without any steps since 30.09.2024 till date. As such, it
appears that the revisionist is not interested to proceed with this
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case.
Hence, the case is dismissed for default.
Send down the LCR to the learned Court below with a copy of this
order."
6. A bare perusal of the above order would show that the aforesaid
revision petition (Criminal Revision No. 12/2016) was dismissed for default on
10.01.2025 as the petitioner failed to appear before the Court since 30.09.2024.
However, the observations made by the Apex Court in the case of " Taj
Mohammad -Vs- State of Uttar Pradesh and Anr ." (supra) are relevant in this
regard and same are quoted herein below:-
"5. In the decision in Madan Lal Kapoor v. Rajiv Thapar, a Two-
Judge Bench of this Court held that the rule laid down by this Court
that a criminal appeal should not be dismissed for default would also
apply to criminal revisions. The reference thus made was to the
decision of a Three-Judge Bench of this Court in Bani Singh v.
State of U.P. In Bani Singh's case (supra), this Court held thus: -
"14. ...... The plain language of Section 385 makes it clear that if the
appellate court does not consider the appeal fit for summary
dismissal, it 'must' call for the record and Section 386 mandates that
after the record is received, the appellate court may dispose of the
appeal after hearing the accused or his counsel. Therefore, the plain
language of Sections 385-386 does not contemplate dismissal of the
appeal for non-prosecution simpliciter. On the contrary, the Code
envisages disposal of the appeal on merits after perusal and scrutiny
of the record. The law clearly expects the appellate court to dispose
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of the appeal on merits, not merely by perusing the reasoning of the
trial court in the judgment, but by cross-checking the reasoning with
the evidence on record with a view to satisfying itself that the
reasoning and findings recorded by the trial court are consistent with
the material on record. The law, therefore, does not envisage the
dismissal of the appeal for default or non-prosecution but only
contemplates disposal on merits after perusal of the record......"
7. The aforesaid observation made by the Apex Court clarifies the law as
to whether a criminal revision may be dismissed for default or not. It is thus
settled that the rule laid down by the Apex Court that the criminal appeal should
not be dismissed for default is also applicable to criminal revisions.
8. For the aforesaid reasons, the impugned order passed by learned
Sessions Judge, Dhemaji appears to be bad in law and, therefore, same is
interfered with and set aside.
9. This criminal revision is accordingly allowed.
10. The petitioner is directed to appear before the Court of learned Sessions
Judge, Dhemaji on 4th April, 2025 and on his appearance, the learned Sessions
Court shall proceed with the hearing of the aforesaid revision petition.
11. With above observation this criminal petition is disposed of without
issuing notice to the respondents.
JUDGE
Comparing Assistant
