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CrPC Section-384 - Summary dismissal of appeal

Description

"If, after examining the appeal petition and the copy of the judgment received under section 382 or section 383, the Appellate Court finds no sufficient grounds for interference, it may dismiss the appeal summarily;
Provided that:

  1. No appeal filed under section 382 shall be dismissed without giving the appellant or their pleader a reasonable opportunity to be heard in support of the appeal;
  2. No appeal filed under section 383 shall be dismissed unless the appellant is given a reasonable opportunity to be heard, unless the Appellate Court determines that the appeal is frivolous or that producing the accused in custody before the Court would cause disproportionate inconvenience in the case's circumstances;
  3. No appeal under section 383 shall be dismissed summarily before the expiration of the time allowed for filing such an appeal.

Before dismissing an appeal under this section, the Court may call for the case record.

Where the Appellate Court dismisses an appeal under this section and the Court is a Court of Session or a Chief Judicial Magistrate, it shall provide reasons for the dismissal.

If an appeal under section 383 is dismissed summarily and the Appellate Court discovers that another appeal under section 382, duly filed by the same appellant, was not considered, the Court may, despite section 393, hear and dispose of that appeal in the interests of justice."

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