Madras High Court
K.Seenivasan vs State Rep.By on 19 January, 2021
Crl.R.C.No.34 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2021
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.34 of 2021 &
Crl.M.P.No.385 of 2021
K.Seenivasan ... Petitioner
Vs.
State rep.by
Forest Ranger, Gudiyatham,
(O.R.No.01/19) ... Respondent
PRAYER: Criminal Revision Petition filed under 397 r/w 401 of Cr.P.C. to set
aside the order of dismissal for default, dated 10.04.2018, made in C.A.No.15 of
2017, by the learned Principal District Judge, Vellore and restore the same for
further adjudication as against C.C.No.156 of 2010, by the learned Judicial
Magistrate Court, Gudiyatham.
For Petitioner : Mr.J.Prakasam
For Respondent : Mr.A.Madhan
Government Advocate (Crl.Side)
1/6
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.34 of 2021
ORDER
The revision arises against the judgment of learned Principal District
Judge, Vellore, passed in C.A.No.15 of 2017 dated 10.04.2018, where under an
Appeal against conviction has been dismissed for default.
2. The respondent-Forest Ranger, Gudiyatham has registered a case in
O.R.No.01 of 2019 against the petitioner/first accused and two others / accused
2 and 3. The learned Judicial Magistrate, Gudiyatham, on appreciation of
materials before it, under judgment in C.C.No.156 of 2010, dated 24.01.2017,
convicted the petitioner/first accused and acquitted two others. Challenging
the judgment and conviction, the petitioner has filed an Appeal in C.A.No.15 of
2017 before the learned Principal District Judge, Vellore. During the pendency
of the Appeal, there was no representation from the appellant and therefore,
the learned Principal District Judge, dismissed the Appeal for default. Aggrieved
by that, the petitioner is before this Court.
3. Heard the learned counsel for the petitioner and the learned
Government Advocate (Criminal Side) for the respondent.
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Crl.R.C.No.34 of 2021
4. An appeal against conviction cannot be so dismissed for default. In the
event of continued non-representation on behalf of the appellant it would be
open to the Court below to pass a considered judgment in the appeal on merits.
If an appeal is dismissed for default, it will result in conviction and the sentence
get confirmed, however, it is without an hearing.
5. Since the Appeal has not been disposed on merits, and in order to give
an opportunity to the petitioner, the order passed by the learned Principal
District Judge, Vellore is set -aside and C.A.No.15 of 2017 shall stand restored to
file of the learned Principal District Judge, Vellore. The learned Principal
District Judge, Vellore is directed to hear the Appeal in C.A.No.15 of 2017, on
10.02.2021 and dispose the Appeal on or before 15.02.2021. The petitioner is
directed to appear before the learned Principal District Judge, Vellore and
co-operate for early disposal, by engaging the counsel. It is made clear, if the
petitioner fails to appear and prolongs the Criminal Appeal and not co-operated
for disposal, the order passed by this Court shall stand cancelled automatically
without any further reference to this Court and the order passed by the learned
Principal District Judge, Vellore dated 10.04.2018 made in C.A.No.15 of 2017,
will be confirmed.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.34 of 2021
6. With the above direction, the Criminal Revision Petition is disposed of.
Consequently, connected miscellaneous petition is closed.
19.01.2021
Speaking Order / Non-speaking order
Index : Yes / No.
Internet : Yes.
Note: Issue order copy on 20.01.2021
rns
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.34 of 2021
To
The Forest Ranger,
Government of Tamil Nadu,
Gudiyatham.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.34 of 2021
P.VELMURUGAN, J.
rns
Crl.R.C.No.34 of 2021 &
Crl.M.P.No.385 of 2021
19.01.2021
https://www.mhc.tn.gov.in/judis/
