Legal provisions regarding petition of appeal to be examined under section 384 of the Code of Criminal Procedure, 1973.
As per Section 384(1) of the Code, 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.
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ADVERTISEMENTS:
If the appeal raises an arguable and substantive point the Court should give reasons for rejecting the appeal. Dismissal of an appeal by the Court in a summary manner without a speaking order is illegal or unjustified. As the summary dismissal of appeal is as much adjudication as an order of dismissal after a full hearing so far as the accused is concerned, the Court should exercise the power to dismiss the appeal summarily judicially and with great care.
Calling for the record:
According to Section 384(2) of the Code, before dismissing an appeal, the Court may call for the record of the case.
Reasonable opportunity of being heard:
ADVERTISEMENTS:
As per proviso (a) of Section 384 (1) of the Code, 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 appeal.
Special provisions regarding fail appeals:
According to proviso (b) of Section 384(1) of the Code, 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.
As per proviso (c) of Section 384(1) of the Code, no appeal presented under Section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired. This provision will ensure that in case the appellant gets legal assistance after presenting his petition of appeal to the officer in charge of the jail and files a regular appeal through his pleader, he would not lose the right of being heard in support of his regular appeal simply because his jail appeal happened to be dismissed summarily before the entertaining of the regular appeal within the prescribed time limit.
ADVERTISEMENTS:
Recording reasons:
According to Section 384(3) of the Code, 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. As the orders passed by these Courts are liable to be revised by the High Court and the orders of the High Courts are liable to be revised by the Supreme Court, the Court should record the reasons for dismissing any appeal summarily in writing.
Summary dismissal of jail appeal is no bar to the hearing of regular appeal:
Section 384(4) of the Code of Criminal Procedure provides that where an appeal presented under Section 383 has been dismissed summarily under this Section and the Appellate Court finds that another petition of appeal duly 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 interest of justice so to do, hear and dispose of such appeal in accordance with law. This provision has been provided in the larger interests of justice as an exception to the general rule regarding the finality of judgment contained in Section 393.
Non-appearance of the appellant:
A criminal appeal cannot be dismissed on the ground that the appellant or his counsel remained absent, but, the Court must dispose of the appeal on the merits on perusal of records or adjourn the case to another date.
No power to allow withdrawal of appeal:
The Court has no power to allow an appeal to be withdrawn once it has been entertained by the appellate Court. An appeal can abate only on the death of the accused and not otherwise.
Summary dismissal:
In exceptional cases, an appeal may be summarily dismissed after preliminary hearing after recording the grounds for dismissal. But, in cases of real doubt the benefit of doubt is to go to the appellant and notice is to go to the adversary, even if the chances of allowing of the appeal may not be right.