Restoration of criminal appeal

ajay raj (Querist) 28 September 2014 This query is : Resolved
sir , is there any provision for restoration pf criminal appeal dismissed in defoult by ADJ? can criminal appeal be restore in session court?

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P. Venu (Expert) 29 September 2014
Have you filed application for restoration?

Rajendra K Goyal (Expert) 29 September 2014
KISHAN SINGH V. STATE OF UTTAR PRADESH [1992] RD-SC 220 (2 November 1992)
Code of Criminal Procedure 1973: Sections 374, 382, 383,384.

Held a criminal appeal cannot be dismissed for non- prosecution Appellate court should examine the petition of appeal and judgment under challenge and consider the merits of the case before dismissing the appeal summarily.

T. Kalaiselvan, Advocate (Expert) 04 October 2014
There is no question for dismiss for default in criminal appeal, the appeal would have been dismissed being not represented on the basis of memorandum of appeal. A further revision/appeal before higher court can be the next move.

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