K.V.Pavan Kumar, vs Ajit E.Arhana,
2025 Latest Caselaw 524 Tel

Telangana High Court

K.V.Pavan Kumar, vs Ajit E.Arhana, on 22 July, 2025

         THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

              CRIMINAL APPEAL No.970 OF 2009

JUDGMENT:

When there is no representation on behalf of the

appellant on 17.06.2025, the matter was directed to be

listed on 15.07.2025. Even on 15.07.2025 also, there is

no appearance on behalf of the appellant, as such, the

matter was directed to be listed today under the caption

'for dismissal'. Even today also there is no

representation on behalf of the appellant.

2. In Bani Singh v. State of U.P.,(1996 SCC (4) 720), the

Hon'ble Supreme Court held that an appeal in a criminal

matter should not be dismissed for non-prosecution

simpliciter (without consideration of the merits). The Court

emphasized that after an appeal is admitted, the appellate

Court must examine the record and dispose of the appeal on

its merits, even if the appellant or their counsel is absent.

3. In the light of the aforesaid judgment, this Court

has gone through the material papers filed before this

Court and also the judgment of the trial Court in

C.C.No.3066 of 2003, dated 12.08.2008 passed by the

XIV Additional Chief Metropolitan Magistrate, at

Hyderabad. A perusal of the judgment of the trial Court

goes to show that there is no illegality or infirmity and

the same is well reasoned.

4. Accordingly, this Criminal Appeal is dismissed. As

a sequel, miscellaneous petitions, if any, pending, shall

stand closed.

____________________ E.V.VENUGOPAL, J Dated : 22-07-2025 KVS