The Kerala High Court allowed the withdrawal of the criminal appeals filed by the appellants who had already served their sentences and paid fines, exercising its inherent jurisdiction under Section 482 of the Cr.P.C.
The appeals were filed challenging convictions in two separate criminal cases under the SC/ST (Prevention of Atrocities) Act and the NDPS Act. Both appeals arose from convictions by Special Courts. After serving the imposed sentences and paying fines or serving default sentences for failure to pay fines, the appellants no longer desired to pursue the appeals to final adjudication on merits.
The Public Prosecutor submitted that there was no explicit statutory provision allowing appellant-initiated withdrawal of criminal appeals once admitted. Amicus curiae emphasized that once criminal appeals are admitted, they must typically be decided on merits unless summarily dismissed.
The Bench comprising Justice Gopinath P. considered precedents from the Supreme Court and various High Courts reaffirming that appeals ordinarily cannot be dismissed for non-prosecution or as infructuous merely due to completion of sentence.
The Court recognized the lack of any express provision in the Cr.P.C or the Bharatiya Nagarik Suraksha Sanhita (BNSS) permitting appellant withdrawal of criminal appeals after admission, but distinguished its inherent jurisdiction under Section 482 Cr.P.C as independent and capable of permitting withdrawal of appeals in appropriate cases to secure ends of justice. The Court also clarified that subordinate appellate courts lack power for such withdrawal; this remains a High Court prerogative.
In result, the Kerala High Court allowed the appellants’ requests to withdraw their criminal appeals under its inherent jurisdiction pursuant to Section 482 Cr.P.C/528 BNSS. The appeals were accordingly dismissed as withdrawn.
Cases relied on:
1. Balan v. State of Kerala, 1981 KLT 652
2. Gurjant Singh v. State of Punjab, 2021 KHC 7043
3. State of M.P. v. Mooratsingh, 1975 KHC 1082
4. Samul Philipose v. Koshy Thomas, 2009 (4) KLT 360
5. Bani Singh v. State of U.P., 1996 KHC 333
6. S. Panduranga v. State of Karnataka, (2013) 3 SCC 721
7. Surya Baksh Singh v. State of U.P., 2013 (4) KLT 493 (SC)
Appearances:
For the Appellant Shaji @ Shaiju: Adv. Sri V. Shyam
For the Appellant Bineesh: Adv. Sri V.A. Ajivas
For the Respondent State: Sri Vipin Narayan, Sr. PP
Amicus Curiae: Sri S Rajeev
