KISHAN SINGH vs STATE OF U.P.

The Supreme Court held that the dismissal of a criminal appeal for default due to the absence of the appellant or his counsel is improper under Section 384 of the Criminal Procedure Code, which mandates that the appellate court must examine the merits of the case before dismissing an appeal. The Court emphasized that unlike civil appeals, criminal appeals cannot be dismissed for non-prosecution, and the High Court should have restored the appeal. The Court set aside the High Court's orders and allowed the appeal, reinforcing the duty of the appellate court to consider the appeal on its merits regardless of the parties' presence.