Code of Criminal Procedure, 1973–Sec. 374 [Corresponding Sec. 415 of BNSS, 2023]–Whether the criminal appeal can be dismissed for want of prosecution ?–Held, no–It results in grave miscarriage of justice as it deprives the appellant of an opportunity to challenge the findings of the Trial Court–A criminal appeal, particularly one challenging a conviction, must be decided on merits–Appellate Court must appoint an amicus curiae to represent the interest of the absentee appellant or proceed to decide the appeal on merits after a thorough examination of the Trial Court’s record–Impugned order set aside and appeal restored to its original number.
