SANTOSH KUMAR SINGHversusSTATE

                                                      Reserved on 8.12.2025
                                                      Delivered on 19.3.2026



         HIGH COURT OF JUDICATURE AT ALLAHABAD
                      CRIMINAL APPEAL No. - 755 of 1987

Santosh Kumar Singh
                                                            .....Appellant(s)
                                   Versus

State
                                                           .....Respondent(s)

Counsel for Appellant(s)                               :     J.Sengar
Counsel for Respondent(s)                              :     A.G.A.

Court No. - 51
                       HON'BLE ANIL KUMAR-X, J.

1. This criminal appeal was filed on behalf of the appellant – Santosh

Kumar Singh with a prayer to allow the appeal and set aside the order

dated 9.2.1987 passed by Special Judge (Economic Offences), Agra in

Criminal Misc. Case No. 3 of of 1987 (State vs. S.K. Singh) under

Section 350 Cr.P.C. By the said order, a fine of Rs.100/- was imposed

upon the appellant.


2. Briefly stated, a notice under Section 350 Cr.P.C. was issued against

the appellant for his failure to attend the court on 29.10.1986 and

17.11.1986 in connection with the Criminal Sessions Trial No.328 of

1985 (State vs. Asha) under Section 302 IPC arising out of Case Crime

No.138/1983. The appellant in pursuance of the notice appeared before

the court on the date of order, but he could not offer any satisfactory

explanation regarding his non-appearance. It was also noted by the

learned trial court that the appellant was taken into custody but he escaped

from the custody for which separate proceedings were initiated against

him. Consequently, a fine of Rs.100/- was imposed upon the appellant.
                                                           CRLA No. 755 of 1987
                                2


3. Learned counsel for the appellant submitted that the impugned order is

bad in eyes of law as it has been passed without considering the facts of

the case. The appellant, who was Investigating Officer of aforesaid

sessions trial, could not appear before the court on the dates fixed due to

other liability related to his Department and his absence was not

deliberate. Hence, the impugned order is liable to be set aside.


4. Shri R.K. Singh, learned AGA submitted that the appellant even failed

to tender any satisfactory explanation before the concerned court for his

non appearance. Same is also reflected in the impugned order. Even the

conduct of the appellant, after his appearance, was not proper. Even he

escaped from the custody of the concerned court for which separate

proceedings were instituted. Surrounding circumstances clearly indicate

that the appellant had wilfully defaulted the orders of the concerned court.


5. After considering the submission advanced by the learned counsel for

the parties and after perusing the records, it is relevant to mention that this

criminal appeal is not maintainable in light of the provision laid down

under Section 376(b) Cr.P.C. which is as follows:-

      “376. No Appeal in petty cases - Notwithstanding anything
      contained in Section 374, there shall be no appeal by a convicted
      person in any of the following cases, namely :-

      (a) ……….

      (b) where a Court of Session or a Metropolitan Magistrate passes
      only a sentence of imprisonment for a term not exceeding three
      months or of fine not exceeding two hundred rupees, or of both
      such imprisonment and fine;

      ……….

      …………..”

6. From the impugned order, it is apparent that only a fine of Rs.100/- has
                                                                                             CRLA No. 755 of 1987
                                                                   3


                                    been imposed in this case.


                                    7. In view of the aforesaid, without going into the merits of the case, this

                                    criminal appeal is dismissed as not maintainable.



                                                                                            (Anil Kumar-X,J.)
                                    March 19, 2026
                                    SK




Digitally signed by :-
SUSHEEL KUMAR
High Court of Judicature at Allahabad