ORDER 1. Leave granted. 2. The High Court has dismissed the criminal case for non-prosecution* owing to the non-appearance of the counsel for the petitioner. Counsel for the petitioner had contended that a criminal case could not be dismissed for non prosecution. On this submission, this Court issued limited notice to the respondent State as to why the impugned order be not set aside and the case remitted back to the High Court for a fresh decision in accordance with law. 3. Counsel appearing for the respondent State fairly concedes that a criminal case could not be dismissed for non-prosecution. 4. In view of the concession made by the counsel for the respondent, we accept this appeal, set aside the order of the High Court and remit the matter back to the High Court for a fresh decision in accordance with law. 5. The appeal is allowed accordingly.