Kailash Chandra Chakrabarty Vs. Emperor - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/876474 |
| Court | Kolkata |
| Decided On | Dec-07-1917 |
| Judge | Chitty and ;Smither, JJ. |
| Reported in | 43Ind.Cas.820 |
| Appellant | Kailash Chandra Chakrabarty |
| Respondent | Emperor |
Excerpt:
criminal procedure code (act v of 1818), section 421 - appeal, summary dismissal of--complicated case--appellate court, duty of. - 1. though section 421, criminal procedure code, undoubtedly gives the appellate court power to summarily dismiss an appeal, it is obvious that that power must be exercised with judicial discretion. these were not oases in which the appeals should have been summarily dismissed. they were cases complicated both in law and fact and the judgment of the deputy magistrate covers nine typewritten pages. we do not think that, in those circumstances, the cases ought to have been disposed of in this way. we accordingly set aside the order of summary dismissal and direct that the appeals be admitted and re heard by the sessions judge. the petitioners will remain out on bail pending the hearing of the appeals.
Judgment:1. Though Section 421, Criminal Procedure Code, undoubtedly gives the Appellate Court power to summarily dismiss an appeal, it is obvious that that power must be exercised with judicial discretion. These were not oases in which the appeals should have been summarily dismissed. They were cases complicated both in law and fact and the judgment of the Deputy Magistrate covers nine typewritten pages. We do not think that, in those circumstances, the cases ought to have been disposed of in this way. We accordingly set aside the order of summary dismissal and direct that the appeals be admitted and re heard by the Sessions Judge. The petitioners will remain out on bail pending the hearing of the appeals.