JUDGMENT : Dharam Chand Chaudhary, J. In this petition, order dated 25.6.2016 passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, circuit Court at Baijnath has been sought to be quashed and set aside. 2. It is seen that against his conviction and sentence under Section 323 324 IPC vide judgment dated 23.12.2011 passed by learned Judicial Magistrate Ist Class, Baijnath in Criminal case No. 13-II/11, the convict-petitioner had preferred an appeal registered as Criminal Appeal No. 14-B/X/2015. The appeal when taken up on 25.6.2016 by learned Additional Sessions Judge-III, Kangra at Dharamshala in Circuit Court at Baijnath, neither the petitioner-convict nor learned Counsel representing him could appear. Learned lower Appellate Court on having called the appeal thrice has passed the following order at 2:45 P.M.: “Case called thrice. It is 2:45 p.m. but appellant not present nor an Advocate made appearance on behalf of the appellant. As such, the case is dismissed in default for want of prosecution on behalf of the appellant. Record of ld. Trial court be returned forthwith. Case file after due completion be consigned to the Record Room.” 3. As a matter of fact, a criminal appeal cannot be dismissed in default and rather to be decided on merit even if the appellant-convict or learned counsel representing him are not present. The impugned order, as such, is patently illegal. The same is accordingly quashed and set aside. Consequently, the appeal is restored to its original number and file and the case remanded to learned Appellate Court for disposal in accordance with law. 4. The parties through learned Counsel representing them are directed to appear in the learned Appellate Court in its circuit Court at Baijnath on 25.10.2018. 5. The petition is accordingly disposed of, so also the pending applications, if any. 6. An authenticated copy of this judgment be sent to learned Appellate Court for compliance.