High Court Rules Against Dismissal of Criminal Appeals for Non-Representation, Orders Expedited Hearing on Merits
In a significant ruling, the Andhra Pradesh High Court, presided over by Justice Dr. Venkata Jyothirmai Pratapa, has set aside the dismissal of a criminal appeal filed by Badeti Sridhar. The appeal, originally dismissed for default due to the absence of the appellant, has been reinstated with clear directions for a merit-based adjudication.
The criminal appeal, Crl.A.No.218 of 2023, was initially dismissed by the III Additional District Judge, Bhimavaram, due to the appellant's non-appearance, despite the presence of his counsel. The High Court underscored that a criminal appeal cannot be dismissed solely for default or non-prosecution when the appellant or their counsel is absent. Instead, the appellate court is mandated to decide on the appeal's merits after reviewing the case's material.
Justice Pratapa highlighted the contradiction in the appellate court's order, which recorded the presence of the appellant's counsel yet dismissed the appeal for default. The judgment referenced precedents from the Supreme Court, notably the cases of Bani Singh v. State of U.P. and K.S. Panduranga v. State of Karnataka, reinforcing that appeals should be adjudicated on merits, even in the absence of the appellant or counsel.
The court directed that the appeal be restored and expedited, ensuring a fair hearing for both parties. This decision is expected to have a wider impact, as the Registry has been instructed to circulate the judgment to all Judicial Officers in Andhra Pradesh for adherence to the principles of merit-based adjudication in criminal appeals.
Bottom line:-
A criminal appeal cannot be dismissed for default or for want of prosecution solely on account of the absence of the appellant or their counsel. The appellate court is obligated to adjudicate and dispose of the appeal on merits after considering the material on record.
Statutory provision(s): Criminal Procedure Code, 1973 Section 374, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 415, Negotiable Instruments Act, 1881 Sections 138, 142
Badeti Sridhar v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2932555
