Sri Marthan Debbarma vs Smt. Sampili Debbrma
2024 Latest Caselaw 9 Tri

Tripura High Court

Sri Marthan Debbarma vs Smt. Sampili Debbrma on 11 January, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                  Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA
                        CRL.PETN NO.29 OF 2023

      Sri Marthan Debbarma
                                                    ............... Petitioner
                       Vs.

      Smt. Sampili Debbrma
                                                ............... Respondent(s)

For the Petitioner(s) : Mr. P.K. Biswas, Sr. Advocate.

Mr. P. Biswas, Advocate.

Mr. R. Nath, Advocate.

For the Respondent(s) : Mr. S. Ghosh, Addl. P.P. Mr. V. Poddar, Advocate.

Date of hearing and delivery of Judgment & Order : 11.01.2024

Whether fit for reporting : NO.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

JUDGMENT AND ORDER(ORAL)

This present application has been filed under Section 482

of the Code of Criminal Procedure. 1983 for quashing the Order dated

06.10.2023 passed in Criminal Appeal No.11 of 2023 arising out of

Criminal Misc.(Dom) 11 of 2022 passed by the learned Addl. District and

Sessions Judge, Khowai Judicial District, Khowai Tripura dismissing the

appeal, preferred by the petitioner as the petitioner did not take any

steps and also no time petition has been submitted by him.

2. Heard Mr. P.K. Biswas, learned Sr. counsel assisted by Mr.

P. Biswas, learned counsel and Mr. R. Nath, learned counsel appearing

for the petitioner as well as Mr. S. Ghosh, learned Addl. P.P. for the

State-respondent and Ms. V. Poddar, learned counsel appearing for the

private respondent.

3. Mr. P.K. Biswas, learned Sr. counsel appearing for the

petitioner submits that criminal appeal cannot be dismissed on the

ground of default for the absence of engaged counsel and it should have

been decided by the learned Appellate Court on merit. As such, the

impugned order dated 06.10.2023 is liable to be set aside as otherwise

injustice would be caused to the appellant. To support his argument that

criminal appeal cannot be dismissed on the ground of default for the

absence of engaged counsel, learned Sr. counsel relied upon the Hon'ble

Supreme Court Judgment passed in Parasuram Patel and anr. vs

State Of Orissa reported in (1994) 4 SCC 664.

4. Heard and perused the evidence on record.

5. It is a settled principle that criminal appeal can be

dismissed on the ground of default and the court has to go through the

record of the case even in the absence of the appellant(s) or their

counsel and decide the matter on merit. As such, the present criminal

petition is allowed, the impugned order dated 06.10.2023 is set aside

and the matter is remanded back to the lower Appellate Court to decide

the same after giving an opportunity to both sides as expeditiously as

possible.

6. As a sequel stay if any stands vacated. Pending

application(s), if any also stands closed.

JUDGE

suhanjit

RAJKUMAR by RAJKUMAR SUHANJIT SUHANJIT SINGHA SINGHA Date: 2024.01.12 16:38:33 +05'30'