Can a Criminal Appeal Be Dismissed for Default When the Appellant Fails to Appear?

Reaffirmation of Procedural Rule on Non-Prosecution Dismissal
The High Court upheld that where an appellant does not appear despite repeated listings, the appeal can be dismissed in default for want of prosecution. This decision reinforces established practice and serves as binding guidance for criminal courts on procedural non-compliance.

 

Summary

Category Data
Case Name CRM-A/117/2021 of SANDEEP VERMA Vs KULVINDER SODHI
CNR PHHC010527002020
Decision Date 16-08-2023
Disposal Nature Dismissed in default for want of non-prosecution
Judgment Author Justice Deepak Gupta
Court High Court of Punjab & Haryana at Chandigarh
Bench Single Judge
Citation 2023:PHHC:105608

Summary of Legal Reasoning

  1. The matter was listed for effective hearing on multiple dates, including 02.06.2022, without any appearance by the appellant.
  2. The appellant’s complete absence indicated no interest in pursuing the appeal.
  3. In exercise of the court’s inherent procedural power, the appeal was dismissed in default for want of non-prosecution.

Citations

  • 2023:PHHC:105608
  • CRM-A-117-2021 (High Court of Punjab & Haryana)

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