Criminal Appeal Cannot Be Dismissed for Default Due to Counsel's Absence: High Court.

The Allahabad High Court has held that a criminal appeal cannot be dismissed merely due to non-appearance or default of the accused’s advocate. The Court ruled that in such situations, the appellate court is duty-bound to appoint an amicus curiae and decide the appeal on merits.

A Bench of Justice Abdul Shahid observed that dismissal of a criminal appeal for default is contrary to Section 425 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (corresponding to Section 384 CrPC). Relying on the Supreme Court’s decision in K. Muruganandam v. State (2021), the Court reiterated that non-representation of the accused cannot be a ground to dismiss an appeal.

The ruling came in a criminal revision filed by Sanjay Yadav, who was convicted under Section 138 of the Negotiable Instruments Act. His statutory appeal was earlier dismissed by the Sessions Court for non-appearance of counsel, and a subsequent attempt to revive the matter was also rejected.

Setting aside the dismissal order dated October 26, 2023, the High Court restored the original appeal and directed the appellate court to decide it on merits expeditiously.

Case Title: Sanjay Yadav vs State of U.P. and Another