Dismissal for default. Criminal appeal cannot be dismissed in default, it must be decided on merits. (DB) PLD 1951 Dacca 43 Siri Kanta Kumar v. Crown. ILR 11 Lah. 242 Roora v. Crown. 1972 P Cr.LJ 65 Khalil.
Criminal Revision can be dismissed in default of appearance. PLJ 1990 Cr.C. (Lah.) 86 Maulvi Asad Ahmed etc PLD 1990 Lah. 1.
Criminal appeal dismissed in default after admission to hearing without going into merits. Held, order illegal. Case remanded for rehearing on merits PLD 1961 Dacca 78 Hafiz. PLD 1960 Lah. 11 Ghulam Mohammad.
Dismissed for non-prosecution. Criminal appeal once admitted for hearing, cannot be dismissed for non-prosecution. Absence of the appellant or his pleader does not relieve Courts of its duty of perusing the record and disposing of the appeal on merits giving reason in support of the judgment proposed to be delivered. (SC) PLD 1970 SC 177 Mohammad Ashaq Faqir.
Criminal Revision admitted to regular hearing cannot be dismissed for non-prosecution. PLJ 1991 Cr.C. (Lah.) 351. Abdul Karim v. Mohammad Siddiq. PLJ 1991 Cr.C (Lah.) 362. Khizar Hayat. PLJ 1991 Cr.C. (Lah.) 364 Abdul Bari.
Rehearing of application. dismissal in default is not judgment within the meaning of section 369, Cr.P.C. High Court can under section 561-A restore the dismissed application and rehear it. 1970 P Cr.LJ 412. Mohammad Ishaq.
Dismissed on merits. When a complaint is dismissed on merits a second complaint cannot be entertained on same facts. (FB) 10 PR 1911; AIR 1930 Lah. 879; AIR 1932 Note 6 C = (SC) PLD 1962 SC 242 Abu Hussain v. Suwala Agarwal.
Delayed at railway level crossing for non-appearance given as reason by advocate on record not accepted by the Supreme Court for restoration of application dismissed in default. 1983 SCMR 533. Ghulam Qadir v. Jahangir etc.