141. In the case reported in (K. Muruganandam v. State Represented by the Deputy Superintendent of Police)5, while emphasizing the need that a criminal appeal should not be dismissed for non-prosecution, it was held in para-6 as under:
"6. It is well settled that if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an Amicus Curiae, but cannot dismiss the appeal merely because of non-representation or default of the advocate for the accused (see Kabira v. State of U.P. [Kabira v. State of U.P., 1981 Supp SCC 76] and Mohd. Sukur Ali v. State of Assam [Mohd. Sukur Ali v. State of Assam, (2011) 4 SCC 729])."
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