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Rejection of Appeal

There was no provision in the criminal procedure Code, enabling an Appellate Court to reject an appeal on the ground of no representation. No doubt under section 386 Crpc , the Appellate Court can dismiss the appeal summarily if there was no ground for interfering.

But before dismissing an appeal summarily, the Appellate Court was bound to give reasonable opportunity of being heard to the appellant. The court before dismissing an appeal summarily should examine the petition of appeal and copy of the Judgement appeal against.

In this case , the Session Judge has not examined the petition of appeal and copy of judgement received under section 382 of the Crpc. There was nothing on record to indicate that reasonable opportunity of being heard was given to the appellant or his pleader.

In an appeal, the appellant has a right to be heard as a matter of right, even if the appellant or his pleader absent,it was not just and proper to reject the appeal or dismiss the appeal summarily. For the reasons stated above, the order of the Session Judge rejecting the appeal was clearly unsustainable.

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