Criminal Appeal Can't Be Dismissed On The Ground Of 'Not Pressed': Allahabad High Court

The Allahabad High Court last week observed that a Criminal Appeal cannot be dismissed on the ground of not being pressed.

The Bench of Justice Anil Kumar Ojha observed thus while allowing a revision plea filed against an order passed by Additional Sessions Judge under Section 101 of JJ Act dismissing an appeal filed by the accused/revisionist on the ground of not pressed.

The case in brief 

Essentially, the Accused/Revisionists were convicted by the Juvenile Justice Board, District Sambhal under Sections 376, 506 I.P.C. in December 2020. Challenging the said order and judgment, they had moved an appeal before the Court of passed by Additional Sessions Judge (Rape Cases & POCSO Act) Sambhal at Chandausi.

However, the appellate court dismissed their appeal in November 2021 as not pressed and affirmed the order and judgment of the Juvenile Justice Board, District Sambhal convicting them under Sections 376, 506 I.P.C.

Thereafter, the Revisionists moved the High Court with their instant revision plea.

Before the High Court, their counsel argued that the order passed by the Additional Sessions Judge (Rape Cases & POCSO Act) Sambhal at Chandausi was illegal as the appeal had been dismissed on the ground of not pressed by the counsel for the Revisionists.

Court's observations

Referring to the apex court's ruling in the cases of State of Haryana v. Janak Singh, (2013) 9 SCC 431 and Gurjant Singh vs State of Punjab LL 2021 SC 650, the High Court came to the conclusion that a Criminal Appeal cannot be dismissed on the ground of not pressed.

Thus, the Court found that the impugned order of the Additional Sessions Judge (Rape Cases & POCSO Act) Sambhal at Chandausi deserved to be set aside and Revision deserved to be allowed.

Accordingly, Revision was allowed and the impugned order was set-aside. The matter was remitted to Additional Sessions Judge (Rape Cases & POCSO Act) Sambhal at Chandausi to dispose of the matter in accordance with provisions of law after providing an adequate opportunity of hearing to the parties.

It was also directed that Additional Sessions Judge (Rape Cases & POCSO Act) Sambhal at Chandausi shall dispose of the appeal within a period of three months noting that the revisionists are already in jail and matter relates to Section 376 I.P.C.

Advocates Mohammad Khalid and Pawan Kumar Yadav appeared for the petitioners.

Case title - Billu @ Anandi And Another v. State of U.P. and Another 
Case Citation: 2022 LiveLaw (AB) 40

Click Here To Read/Download Order