Karnataka High Court
V K Lokesh vs The State Of Karnataka on 5 December, 2023
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CRL.RP No. 1582 of 2023
NC: 2023:KHC:43906
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.1582 OF 2023
BETWEEN:
V K LOKESH
S/O KEMPANAYAKA
AGED ABOUT 39 YEARS,
R/AT VADDARAHALLY VILLAGE,
TUMAKURU DISTRICT - 572 103
...PETITIONER
(BY SRI. V B SIDDARAMAIAH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
ABBHINAHOLE POLICE,
ABBINHOLE
HIRIYUR TALUK,
CHITRADURGA DISTRICT - 577 502
Digitally signed
by REKHA R REPRESENTED BY THE STATE PUBLIC,
Location: High PROSECUTOR, HIGH COURT BUILDING,
Court of
Karnataka BENGALURU - 560 001
...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 08.09.2023
PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHITRADURGA IN CRL.A.NO.18/2019, WHICH WAS PREFERRED
AGAINST THE JUDGMENT AND ORDER OF SENTENCE DATED
13.02.2019, PASSED BY THE ADDITIONAL CIVIL JUDGE AND
J.M.F.C., AT HIRIYUR IN C.C.NO.46/2014, TO MEET THE ENDS
OF JUSTICE.
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CRL.RP No. 1582 of 2023
NC: 2023:KHC:43906
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner before this Court is accused No.3. He along
with accused Nos.1 and 2 are convicted and sentenced for
the offences punishable under Section 21(1) MMRD Act
and Section 379 of I.P.C.
2. Aggrieved by the same, they approached the
Sessions Court in Crl.A.No.18/2019. Vide order dated
26.02.2019, the Sessions Court suspended the sentence
and granted bail to them. Thereafter the matter was
posted for arguments and in fact the Sessions Court has
granted 78 adjournments. On 31.08.2023, the Sessions
Court has issued notice to the appellant counsel and he
has been duly served. Despite the same, when the learned
counsel for petitioners/appellants failed to appear before
the Court and address arguments, the Sessions Court has
closed the appeal and returned the trial Court record.
NC: 2023:KHC:43906
3. It appears after the dismissal of the appeal, the
trial Court has secured the presence of petitioner/accused
No.3 and remanded him to the jail to undergo
imprisonment.
4. Now, petitioner/accused No.3 is before this
Court challenging the impugned order.
5. Despite the fact that even after providing more
than sufficient opportunities, the learned counsel
representing the accused has not come forward to address
arguments, the Sessions Court ought not have dismissed
the appeal (though termed as 'closed'). In Bani Singh Vs.
State of U.P.(Bani Singh)1, and Parasuram Patel Vs. State
of Orissa (Parasuram)2, the Hon'ble Supreme Court held
that appeal cannot be dismissed for default. In fact in
Bani Singh, the Hon'ble Supreme Court over ruled its
earlier decision in Ram Naresh Yadav Vs. State of Bihar
(1996) 4 SCC 720
(1994) 4 SCC 664
NC: 2023:KHC:43906
(Ram Naresh)3, wherein it was held that a criminal
appeal can be dismissed for default. Relying upon Bani
Singh and Parashuram, in Madan Lal Kapoor Vs. Rajiv
Thapar & Ors. (Madan Lal Kapur)4, the Hon'ble Supreme
Court held that even a criminal revision petition cannot be
dismissed for non-prosecution without going into the
merits of the case. In the light of the above decisions, if
the learned counsel representing accused was not coming
forward to address arguments, the proper course available
to the Sessions Court was to appoint an Amicus Curiae to
argue on behalf of the accused and decide the matter on
merits.
6. For this reason, this Court is of the considered
opinion that matter requires remand to the Sessions Court
for disposal in accordance with law and accordingly the
following:
AIR 1987 SC 1500
(2007) SCC 623
NC: 2023:KHC:43906
ORDER
(i) Petition filed under Section 397 r/w 401
Cr.P.C is allowed.
(ii) The impugned order dated 08.09.2023 in
Crl.A.No.18/2019 on the file Prl.District
and Sessions Judge, Chitradurga is set
aside.
(iii) The matter is remanded to Sessions Court
for disposal in accordance with law.
(iv) Petitioner/accused No.3 is directed to
appear before the Sessions Court on
19.12.2023 and proceed with the matter
without seeking any further adjournments.
(v) The Sessions Court shall dispose of the
appeal expeditiously within an outer limit
of four months.
Sd/-
JUDGE
RR
