Question: Describe the procedure of summary dismissal of the appeal. Find the answer only on Legal Bites. [Describe the procedure of summary dismissal of the appeal.] Answer Section 384 of the Code of Criminal Procedure provides for the detailed procedure followed in summary dismissal of the appeal. This section deals with the appeals presented: by the appellant or… Read More »

Question: Describe the procedure of summary dismissal of the appeal.

Find the answer only on Legal Bites. [Describe the procedure of summary dismissal of the appeal.]

Answer

Section 384 of the Code of Criminal Procedure provides for the detailed procedure followed in summary dismissal of the appeal.

This section deals with the appeals presented:

  • by the appellant or his pleader, or
  • through the officer in charge of the jail in which the appellant is confined.

In the former class of appeals, the appellant or his pleader must have a reasonable opportunity of being heard. When, however, an appeal is presented through the officer in charge of the jail, the appellant is nearly always unrepresented.

The appellate Court can summarily dismiss an appeal if it considers that there is no ground for interfering. In Manumiya v. State of Gujarat, AIR 1979 SC 1706 when there was a clear finding of the Trial Court as to interference by the accused with the discharge of his duty by the public servant, the High Court was held to be justified in dismissing the appeal by the accused in limine.

When an appeal is filed by an accused person from jail, it should not be so dismissed unless the person is heard. The Court may, however, if it is of the opinion that the appeal is frivolous or that to bring the accused before it will cause inconvenience disproportionate in the circumstances, dismiss the case summarily without hearing him. Even where a jail appeal is summarily dismissed, and the appellate court finds that another petition of appeal duly presented under section 382 has not been considered by it, the Court, instead of considering itself to be functus officio, will hear and dispose of that appeal.

Once an appeal lodged whether by the accused or by the Government has been admitted, it is neither in the power of any Court nor in the power of the appellant to allow it to be withdrawn. The Court is bound, once the appeal is admitted to proceed under this section or under sections 385 and 386 to decide it on merits.

Subsection (3) makes it obligatory upon the Court of Session or the Court of the Chief Judicial Magistrate to record its reasons for dismissing an appeal summarily. This is with a view to assisting the High Court to decide whether a summary dismissal was justified. If no reasons are given, the order of summary dismissal is liable to be set aside by the High Court which may remand the case back to the trial Court for disposal in accordance with the law.


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Updated On 2022-07-20T05:10:13+05:30
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