Summary dismissal of appeal
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Summary
An Appellate Court may summarily dismiss an appeal if, after reading the petition and the judgment, it finds no sufficient ground to interfere. It must normally give the appellant or their pleader a reasonable opportunity to be heard; dismissal without hearing is allowed only in limited cases (a frivolous appeal or where producing an accused in custody would be disproportionately inconvenient), and some appeals cannot be dismissed until the appeal period expires. The court may call for the record and Sessions Court or Chief Judicial Magistrate must record reasons for dismissal.
Example
Rohan is convicted and files an appeal. The Appellate Court reads his petition and the trial judgment, finds no arguable point, gives his pleader a chance to be heard, and then dismisses the appeal summarily. The court records its reasons and Rohan's conviction remains.
Bare Act
Enacted text(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-
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(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;
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(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;
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(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 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 interests of justice so to do, hear and dispose of such appeal in accordance with law.
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