PETITIONER: PARASURAM PATEL AND ANOTHER Vs. RESPONDENT: STATE OF ORISSA DATE OF JUDGMENT14/01/1994 BENCH: SAWANT, P.B. BENCH: SAWANT, P.B. SINGH N.P. (J) CITATION: 1994 SCC (4) 664 ACT: HEADNOTE: JUDGMENT:
ORDER
ORDER
Special leave granted. In the present case, the High Court
dismissed the criminal appeal of the appellants only on the
ground that there was default in appearance of the
appellants and their counsel. It is now well settled that
no
1 (1985) 3 SCC 737: AIR 1985 SC 1576
+ Arising out of SLP (Crl.) No. 1444 of 1993
665
criminal appeal can be dismissed on the ground of default in
appearance. The court has to go through the record of the
case even in the absence of the appellants or their counsel
and decide the matter on merit. Inasmuch as the High Court
dismissed the appeal without going into the merit of the
matter, the impugned order dated 7-4-1992 is hereby set
aside and the matter is remanded to the High Court for
decision on merit. In the circumstances of the case, the
High Court should dispose of the matter within two months of
the receipt of this order. The appeal is allowed
accordingly.
667