Page No.# 1/4 GAHC010081412025 2026:GAU-AS:8602 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./488/2025 SRI PAPU DAS S/O SRI LAKHI DAS,R/O BAM GAON,P.O.-DHEMAJI, P.S.- DHEMAJI, DIST.- DHEMAJI (ASSAM). VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:SRI BITUPAN KONWAR S/O SRI MOHAN KONWAR R/O-VILL.-GOHAINGAON P.S.-DHEMAJI DIST.-DHEMAJI (ASSAM) PIN-7870 Advocate for the Petitioner : SURENDRA SAHU, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 16.06.2026 Heard Ms. A. Roy, the learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 438 read with Section 442 of the BNSS, 2023 challenging the order dated 30.10.2024 passed by the learned Sessions Judge, Dhemaji, Assam. 3. In PRC Case No.55/2018, the petitioner Papu Das was convicted under Section 324 of the Indian Penal Code by the learned Chief Judicial Magistrate, Dhemaji. 4. He filed an appeal before the learned Sessions Judge, Dhemaji. The appeal being Criminal Appeal No.21(3)/2019 was admitted for hearing. On 30.10.2024, the appellant was absent in the court and therefore, the appeal was dismissed by the appellate court. 5. In Dhananjay Rai v. State of Bihar, (2022) 14 SCC 95, the Hon’ble Supreme Court has held as under: “14. We have carefully considered the view expressed in the said two decisions of this Court and, we may state that the view taken inShyam Deo case [Shyam Deo Pandey v. State of Bihar, (1971) 1 SCC 855 : 1971 SCC (Cri) 353] appears to be sound except for a minor clarification which we consider necessary to mention. The plain language of Section 385 makes it clear that if the appellate court does not consider the appeal fit for summary dismissal, it “must” call for the record and Section 386 mandates that after the record is received, the appellate court may dispose of the appeal after Page No.# 3/4 hearing the accused or his counsel. Therefore, the plain language of Sections 385-386 does not contemplate dismissal of the appeal for non-prosecution [Ed. : The word or matter between two asterisks has been emphasised in original.] simpliciter [Ed. : The word or matter between two asterisks has been emphasised in original.] . On the contrary, the Code envisages disposal of the appeal on merits after perusal and scrutiny of the record. The law clearly expects the appellate court to dispose of the appeal on merits, not merely by perusing the reasoning of the trial court in the judgment, but by cross- checking the reasoning with the evidence on record with a view to satisfying itself that the reasoning and findings recorded by the trial court are consistent with the material on record. The law, therefore, does not envisage the dismissal of the appeal for default or non-prosecution but only contemplates disposal on merits after perusal of the record. Therefore, with respect, we find it difficult to agree with the suggestion inRam Naresh Yadav case [Ram Naresh Yadav v. State of Bihar, (2014) 14 SCC 238 : (2015) 1 SCC (Cri) 327] that if the appellant or his pleader is not present, the proper course would be to dismiss an appeal for non-prosecution. (emphasis supplied)” 6. I have given my anxious considerations to the submissions made by the learned counsels of both sides. 7. Law does not permit dismissal of an appeal for default or non-prosecution simpliciter. The law envisages disposal of an appeal on merit after perusal and scrutiny of the record. The law clearly expects the appellate court to dispose of the appeal on merit, not merely by perusing the reasoning of the trial court in the judgment but by cross-checking the reasoning with the evidence on record with a view to satisfy itself that the reasoning and findings recorded by the trial court are consistent with the materials on record. 8. The learned appellate court committed a grave error while dismissing the appeal on account of non-prosecution. Therefore, the order dated 30.10.2024 passed by the learned Sessions Judge, Dhemaji in Criminal Appeal No.21(3)/2019 is set aside. The learned appellate court shall dispose of the appeal on merit. 9. It has been pointed out that after dismissal of the appeal for default, the trial court has directed issue of non bailable warrant of arrest against the present petitioner Papu Das. For the aforementioned reasons, the said non bailable warrant of arrest shall be recalled for the time being. Page No.# 4/4 With the aforesaid direction, the criminal revision petition is disposed of. JUDGE Comparing Assistant