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2013 DIGILAW 287 (UTT)

Bachan Singh v. State of Uttarakhand

2013-05-28

ALOK SINGH

body2013
Judgment Alok Singh, J. 1. Learned counsel for the revisionist submits that this revision could not be filed within time, as revisionist is in jail. 2. Learned Brief Holder has no serious objection against the delay condonation application no. 755 of 2013. 3. For the reasons stated in the delay condonation application as well as in view of the above fact, delay condonation application no. 755 of 2013 is allowed. Delay in filing the revision is condoned. 4. Present Criminal Revision is directed against the order dated 07.05.2012 passed by Sessions Judge, Tehri Garhwal in criminal appeal no. 8 of 2010, dismissing the appeal filed by the present revisionist against the judgment and order dated 17.02.2010, passed by Judicial Magistrate, in criminal case no. 14 of 2008, (State Vs. Bachan Singh) whereby the revisionist was held guilty and sentenced for the offences punishable under Section 332, 506 IPC, for non prosecution. 5. With the consent of both the parties, this revision is being disposed of finally at the admission stage itself. 6. As per dictum of Hon’ble Apex Court in the case of Nathu Ram Vs. State of U.P. reported in 1990 CrLJ 452 there is no provision in the Cr.P.C. permitting dismissal of Criminal Appeal in default. 7. In my considered opinion, if accused presents an appeal against the conviction order and counsel for the appellant is not present, then learned Appellate Court must appoint Amicus Curiae to make submissions, on behalf of the appellant, instead of dismissing the appeal for non prosecution. Therefore, present revision is allowed. Impugned order dated 07.05.2013 passed Sessions Judge, Tehri Garhwal in Criminal Appeal No. 8 of 2010 is set aside. Appeal is restored to its original number on the record of learned Appellate Court. Learned Appellate Court shall decide the appeal, at its own merit, in accordance with law after hearing the learned counsel for the parties. If learned counsel for the appellant is not present, the Appellate Court shall appoint Amicus Curiae, on behalf of the appellant. In any case, Appellate Court shall decide the appeal within 60 days from the date of communication of this order. 8. Registry is directed to communicate this Court forthwith.