2021 (8) TMI 1438

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....itioner : 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 at Madras in Criminal Appeal No.246/2012. 5. When the appeal....

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.... 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 today and produce surrender proof in the Registry within the same time, failing which this Court may....

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....s 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-representation or default of the advocate for the accused (see Kabira vs. State of Uttar Pradesh [1981 (Supp) SCC 76]....