L.Sadiq Basha vs S.Kannaki
2022 Latest Caselaw 10480 Mad

                                                                               Crl.R.C.No.677 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 17.06.2022

                                                         CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                  Crl.R.C.No.677 of 2022

                    L.Sadiq Basha                                       ..   Petitioner

                                                           Vs

                    S.Kannaki                                           ..    Respondent

                    Prayer: Criminal Revision Case filed under Section 397 read with 401
                    Cr.P.C, to set aside the judgment dated 07.02.2022 in Crl.A.No.53 of 2021,
                    on the file of learned Principal Sessions Judge, Salem confirming the
                    conviction and sentence in the judgment dated 20.04.2021 made in
                    S.T.C.No.164 of 2018, on the file of the Special Judicial Magistrate, Special
                    Court for Land Grabbing Cases, Salem.



                                    For the Petitioner      :      No Appearance


                                                         ORDER

This revision is filed by the petitioner aggrieved by the order

dated 07.02.2022 passed in Crl.A.No.53 of 2021 by the learned

Principal Sessions Judge, Salem, whereby, the appeal filed by the

petitioner was dismissed for non appearance and the conviction is

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Crl.R.C.No.677 of 2022

confirmed.

2. Learned counsel for the petitioner would submit that such a

course adopted by learned Appellate Court is erroneous inasmuch

as the appeal was against the conviction and even if the learned

counsel for the appellant is absent, learned Appellate Court ought

to have appointed a counsel from the Legal Aid and proceeded to

consider the appeal on merits.

3. In such view of the matter, the revision deserves to be

allowed on the following terms:

(i) The judgment dated 07.02.2022 in

Crl.A.No.53 of 2021 on the file of the Principal

Sessions Judge, Salem is set aside and Crl.A.No.53 of

2021 is restored to the file of the Principal Sessions

Judge, Salem.

(ii) Learned counsel for the appellant also

undertakes to be present for the next hearing and

prosecute the appeal. The next date of hearing shall

https://www.mhc.tn.gov.in/judis be on 23.08.2022, on which date the petitioner shall

Crl.R.C.No.677 of 2022

be present and be represented by the counsel and on

such presence, the Appellate Court shall deal with the

appeal on merits in accordance with law.

                    Index : yes/no                                           17.06.2022
                    Speaking/Non-speaking order
                    drm

                    To

1. The Principal Sessions Judge, Salem.

2. The Special Judicial Magistrate Special Court for Land Grabbing Cases, Salem.

3. The Public Prosecutor High Court of Madras.

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.677 of 2022

D.BHARATHA CHAKRAVARTHY, J.

drm

Crl.R.C.No.677 of 2022

17.06.2022

https://www.mhc.tn.gov.in/judis