CrPC 384 — Summary dismissal of appeal

Code of Criminal Procedure, 1973

Statutory 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—

(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  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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