Admitted criminal appeals must be decided on merits; dismissal for non-prosecution alone is not permitted after notice and record review.

Once a criminal appeal is admitted and notice is issued, the appellate court must call for the record and decide the appeal on merits after perusing it. The Code permits summary dismissal only at the threshold; it does not contemplate dismissal of an admitted appeal for default or non-prosecution simplicitor. The court is required to dispose of the matter in accordance with the record and hearing requirements, although it is not bound to adjourn merely because the appellant or counsel is absent. An admitted criminal appeal therefore cannot be rejected without merits review.

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Issues: Whether a criminal appeal admitted for hearing can be dismissed for non-prosecution simplicitor without examining the merits and record of the case.

Analysis: The appellate scheme under Sections 384 to 386 of the Code of Criminal Procedure, 1973 contemplates summary dismissal only at the threshold under Section 384. Once the appeal is admitted and notice is issued under Section 385, the appellate court must call for the record and decide the appeal after perusing it. Section 386 requires disposal after perusal of the record and hearing the appellant or his pleader if present, and the public prosecutor if present. The Court held that the Code does not envisage dismissal of an admitted criminal appeal for default or non-prosecution simplicitor. The appeal must be decided on merits, though the court is not bound to adjourn merely because the appellant or counsel is absent.

Conclusion: The High Court could not dismiss the appeal for non-prosecution without examining the merits; it was required to dispose of the appeal on merits after perusing the record.

Final Conclusion: The impugned dismissal was set aside and the appeal was remitted to the High Court for fresh disposal on merits.

Ratio Decidendi: An admitted criminal appeal cannot be dismissed for non-prosecution simplicitor; after notice and call for the record, the appellate court must decide it on merits in accordance with Sections 385 and 386 of the Code of Criminal Procedure, 1973.

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