Legal Provisions of Section 384 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Summary Dismissal of Appeal:
The Appellate Court may dismiss the appeal summarily under this section where it finds no sufficient ground for interfering with the finding of the trial Court. The power to dismiss the appeal summarily should however, be exercised judicially with great care. Where substantial and arguable points have been raised in the appeal, the Appellate Court should refrain from dismissing it summarily.
ADVERTISEMENTS:
The Supreme Court in Sita Ram v. State of U.P. held a view that though dismissing an appeal summarily without giving any reasons is per se violative of any statutory provisions, but such a dismissal certainly amounts to deprivation of an opportunity for detection and elimination of errors in the trial Courts’ order. The interests of justice and fair play demand that in such cases an indication must be given by the Appellate Court of its views on point placed before it in appeal.
The Supreme Court in Raghunath Makadwada v. State of Maharashtra has reiterated that although the High Court has the power to dismiss an appeal summarily under Section 384, such power should be exercised sparingly with circumspection and a ‘speaking order’ should be made.
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The three provisos of this section relate to the right of appellant to be heard. In cases of appeal filed under Section 382, the appellant or his pleader has been given a right to a reasonable opportunity of being heard in support of the appeal.
ADVERTISEMENTS:
Similar right has been given to the accused in case of appeal filed under Section 383 of the Code. While proviso (c) contains a direction that Court shall not dismiss an appeal presented under Section 383 summarily until the period of limitation for preferring such appeal has expired.