Criminal appeal procedure requires merits hearing after admission; absence of counsel alone cannot justify dismissal for non-prosecution.

A criminal appeal admitted for hearing cannot be dismissed for non-prosecution merely because counsel is absent; once the appeal reaches final disposal, Section 385 of the Code of Criminal Procedure requires notice of the hearing date and disposal on merits. The proper course is to secure the appellant's presence through due process and then decide the appeal in accordance with law. The summary dismissal was unsustainable and was set aside in favour of the accused petitioners.

---

---

Issues: Whether the appellate court was justified in dismissing the accused's criminal appeal for non-prosecution without hearing the appeal on merits after admission.

Analysis: The appeal had already been admitted for hearing. In a criminal appeal, once the matter reaches the stage of final disposal, Section 385 of the Code of Criminal Procedure, 1973 requires the appeal to be disposed of after notifying the date of hearing. The absence of the appellant's counsel did not justify a summary dismissal for non-prosecution. The proper course was to secure the appellant's presence through due process and proceed with the appeal in accordance with law.

Conclusion: The dismissal of the appeal for non-prosecution was unsustainable and was set aside in favour of the accused petitioners.

Ratio Decidendi: A criminal appeal admitted for hearing cannot be dismissed for non-prosecution merely because counsel is absent; it must be decided in accordance with the procedure mandated by Section 385 of the Code of Criminal Procedure, 1973.

---