P.Shivaji v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.3062 of 2015 ORDER :

Heard.

Assailing the order dated 30.09.2015 passed in Crl.A.No.102 of 2015 on the file of V Addl.Metropolitan Sessions Judge, Hyderabad, wherein the said appeal was dismissed for default due to no representation, the present revision is filed. Learned counsel for the petitioner submits that though a representation was made by the petitioner that he was held up in another Court, learned Sessions Judge dismissed the appeal. Learned counsel for the respondents strenuously opposed the application stating that the learned counsel for the petitioner was continuously absent in the case and as such Sessions Court was right in dismissing the appeal.

Having regard to the facts and circumstances of the case and taking into consideration the order of the trial Court, this Court is of the opinion that it would be appropriate if the matter is decided on merits.

As a final chance and with a view to give an opportunity to the appellant to contest the matter on merits, the order under challenge is set aside and Crl.A.No.102 of 2015, which has been dismissed for default, is restored on its file.

Accordingly, the revision is allowed. Learned counsel for the respondents is always at liberty to make an application for payment of amount due, if any.

As a sequel, Miscellaneous Petitions, if any, pending in this revision shall stand closed.

________________________ JUSTICE C. PRAVEEN KUMAR 26.02.2016.

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