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Criminal Appeal can’t be dismissed merely because of non-representation or default of advocate for accused

In K. Muruganandam & Ors vs State Rep. By The Deputy Superintendent Of Police & Anr, appeal was filed before the Supreme Court against the judgment and order dated 16.02.2018 passed by the High Court of Judicature at Madras wherein the HC said that when the matter was taken up for hearing on 15.02.2018, there was no representation for the appellant and hence, the case was directed to be listed under the caption for dismissal on 16.02.2018. Even today, (16.02.2018), there is no representation on behalf of the appellant either in person or through the learned counsel on record. Therefore, the criminal appeal is dismissed for non prosecution.

The SC held that it is well settled that if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, but cannot dismiss the appeal merely because of non-representation or default of the advocate for the accused (see Kabira vs. State of Uttar Pradesh 1981 (Supp) SCC 76 and Mohd. Sukur Ali vs. State of Assam (2011) 4 SCC 729 ).

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