IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9751 of 2009 AWADH KISHORE SHARMA, son of late Ram Swaroop Singh, resident of village- Chaksaid, P.S. Rajapakar, District- Vaisahli ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Ram Briksha Singh, son of Late Nikhil Singh, resident of village- Fatehabad Borhan, P.S. Lalganj, District-Vaishali …Opposite Parties ----------- For the petitioner : Mr. Ashok Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ------------- 3/ 07.09.2010 Heard the parties. It has been submitted that the Additional Sessions Judge, 6th Hajipur, has dismissed the Cr. Appeal No. 47 of 1994 for reasons of non-prosecution. It is well known that no criminal appeal can be dismissed in default and the same can be dismissed only after due consideration both on facts and on law. In view of such, this application is allowed and the order dated 11.03.2005 passed by the Additional Sessions Judge, 6th , Hajipur, in Criminal Appeal No. 47 of 1994 is hereby set aside with direction to the court below to consider the appeal on merits. The application stands allowed. JA/- (Anjana Prakash, J.)