Sun. Sep 20th, 2020

Section 384 Summary dismissal of appeal

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Section 384 Summary dismissal of appeal

(1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering it may dismiss the appeal summarily:

Provided that-

(a) No appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;

(b) No appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the court would involve such inconvenience as would be disproportionate in the circumstances of the case;

(c) No appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the court may call for the record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 383 has been dismissed summarily under this section and the appellate court finds that another petition of appealed dully presented under section 382 on behalf of the same appellant has not been considered by it, that court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.

COMMENTS

(i) government of state where accused where convicted is the appropriate government and not government of the state where the offence was committed;Hanunmat Das V.Vinay Kumar ,AIR 1982 SC 1052:(1982) Cr LJ 977.

(2) Non Summoning of Lower court record in appeal against conbviction is not fatal:Hanunmat Das V.Vinay Kumar ,AIR 1982 SC 1052:(1982) Cr LJ 977.

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