JUDGMENT : B.K. Behera, J. - I have heard the learned counsel for both the sides in this revision directed against the order passed by Mr. A.C. Panda, First Additional Sessions Judge, Puri, while holding his circuit Court at Nayagarh, dismissing the Criminal Appeal preferred by the present petitioners 'without costs'. The orders passed are extracted below : "Order No. 9 dated 23.1.1986 : The appellant files petition for time. Heard. Time is rejected. The appellant is directed to be ready for hearing at once. Sd. A.C. Panda 1st Addl.Sessions Judge, Puri, Camp at Nayagarh. Later : The appellant takes no steps. A. P. P. is present. The appeal is dismissed without costs." 2. The Criminal Appeal had been admitted and hid been posted for hearing. Section 386 of the Code of Criminal Procedure (for short, 'the Code' ) provides that after perusing the record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, the appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may in an appeal from an order of conviction, reverse the finding and sentence and acquit the accused or alter the finding, maintaining the sentence or with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same. The Code does not contain any provision for dismissal of a Criminal Appeal for default owing to the absence of the appellant or his counsel. The learned Additional Sessions Judge was dealing with a Criminal Appeal and not a civil one. Strangely enough, he has even passed an order with regard to costs as is done in a civil appeal. If any authority is necessary for the proposition that a Criminal Appeal cannot be dismissed for default owing to the absence of the appellant or his counsel, it would be found in the case reported in Shyam Deo Pandey and Others Vs. The State of Bihar, . 3. It is the duty of the appellate Court to peruse the record, hear both the sides and then dispose of the appeal. The dictionary meaning of the word 'peruse' is to pass in scrutiny, one by one or piece by piece; to examine in detail; to revise; to read attentively or critically (Chambers's Twentieth Century Dictionary-Revised Edition). 3. It is the duty of the appellate Court to peruse the record, hear both the sides and then dispose of the appeal. The dictionary meaning of the word 'peruse' is to pass in scrutiny, one by one or piece by piece; to examine in detail; to revise; to read attentively or critically (Chambers's Twentieth Century Dictionary-Revised Edition). This aspect has been elaborately dealt with in AIR 1972 S C 1606 (supra). The Supreme Court has ruled in 1982 SCC 144 : Kabira v. State of Uttar Pradesh, that if on a date a Criminal Appeal is fixed for hearing, the counsel does not appear, it is the duty of the appellate Court to engage an Advocate amicus curiae and then to hear and decide the appeal on merits. The same view has been taken by this Court in Raghunath Pattnaik Vs. State of Orissa, and Gopal Malik Vs. State of Orissa. Unfortunate as it might seem, the learned Additional Sessions Judge has not kept himself informed about this aspect of the law laid down by the Supreme Court and the view taken by this Court. Had he taken care to go through the provisions made in the Code with regard to the powers and jurisdiction of an appellate Court while dealing with a Criminal Appeal and the law journals, he would not have committed the grave and serious mistake by dismissing a Criminal Appeal in the manner he did. The impugned order of dismissal of the appeal is illegal, arbitrary and misconceived, 4. For the foregoing reasons, I would allow the revision, set aside the impugned order and direct that the Criminal Appeal preferred by the petitioners be heard and disposed of by the learned Sessions Judge, Puri. 5. A report shall be called for from the learned Additional Sessions Judge as to how he passed the impugned order in spite of the statutory provisions made in the Code and without keeping in mind the views of the Supreme Court and this Court as to how a Criminal Appeal is to be proceeded with in the absence of the appellant or his counsel and it shall be placed before me. Final Result : Allowed