Page No.# 1/2 GAHC010225462014 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./324/2014 GAUTAM CHAKRABORTY S/O SRI GURUPADA CHAKRABORTY, R/O KANCHANPUR ROAD, WARD NO. 10, P.O. and P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM. VERSUS SUBRATA PAUL S/O LT. THAKUR DAS PAUL, R/O HAILAKANDI TOWN, WARD NO. 9, P.S. and DIST. HAILAKANDI, ASSAM. Advocate for the Petitioner : MRS.R DEVI, MR.A R TAHBILDAR,MR.R P SARMAH,MS.S J DEKA Advocate for the Respondent : , ,, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 05.06.2025 Heard Mrs. R. Devi, learned counsel for the petitioner. None appears for the respondent. This is an application filed under Section 482 of the CrPC read with Article 227 of the Constitution of India challenging the order dated 08.10.2013 passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 7/2009. Page No.# 2/2 The appeal filed by the petitioner was dismissed for default. Ms. Devi has relied upon a decision of the Hon’ble Supreme Court that was delivered in Parasuram Patel And another vs State Of Orissa reported in 1994 (4) SCC 664. In the said judgment, the Hon’ble Supreme Court has held that a criminal appeal cannot be dismissed for default. The appellate court should appoint Legal Aid Counsel or Amicus Curiae to dispose of the appeal on merit. Mrs. Devi has further relied upon a judgment of the Hon’ble Supreme Court that was rendered in Bani Singh & Ors vs State Of Uttar Pradesh , reported in 1996 (4) SCC 720. In this case also, the same view has been expressed by the Hon’ble Supreme Court. Therefore, the impugned order dated 08.10.2013 passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 7/2009 is set aside. The case is remanded to the appellate court for deciding the appeal. The appellate court shall appoint Amicus Curiae or Legal Aid Counsel to dispose of the appeal. With the above, the present criminal petition stands disposed of. JUDGE Comparing Assistant