2021 (8) TMI 1438

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....'ble Mr. Justice Sanjiv Khanna For the Petitioner : Ms. T. Archana, AOR. For the Respondent : Dr. Joseph Aristotle S., AOR, Mr. Saaketh Kasibhatla, Adv., Ms. Preeti Singh, Adv. ORDER 1. Delay condoned. 2. Leave granted. 3. Heard learned counsel for the parties. 4. This appeal takes exception to the judgment and order dated 16.02.2018 passed by the High Court of Judicature ....

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....de by counsel for the respondents that the petitioners have intentionally avoided to appear when the appeal was called out for hearing on different dates, we direct the petitioners to first surrender and produce surrender certificate. Thereafter the appeal will be remitted back to the High Court for consideration on its own merits. The petitioners shall surrender within four weeks from to....

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.... behalf of the appellant either in person or through the learned counsel on record. Therefore, the criminal appeal is dismissed for non prosecution. 8. It is well settled that if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, but cannot dismiss the appeal merely because of non....