PRABHAKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is by the five accused in C. C. No. 561 of 1957 on the file of the Second Class Magistrate, Alwaye. They were convicted for the offence punishable under Sections 143, 447 and 427 read with S. 149 I. P. G. and sentenced to pay a fine of Rs. 25 each. They appealed to the District Magistrate, Ernakulam and the appeal was admitted and numbered. On 12-121958 when the appeal came up for hearing the appellant's counsel applied for leave on the ground of some personal inconvenience. That application was disallowed and the appeal was dismissed by the learned Magistrate by the short order "I heard the Assistant Public Prosecutor who is appearing for the respondent and also perused the records. I am of the view that the lower Court's conviction and sentence have to be confirmed. The appeal is dismissed".

(2.) It is urged that the disposal of the case in this summary fashion is not proper and it is prayed that the appeal may be directed to be heard and disposed of according to law.

(3.) The objection is justifiable and this petition has only to be allowed. Even in cases where an appeal filed under Section 419 is to be dismissed summarily the provisions of Section 421 are to the effect that the petition and judgment should be read, the records may be sent for and the appellant or his pleader must be heard, These provisions indicate that proper judicial consideration must be given to the subject matter of appeal even where the appeal is dismissed before issuing notice to the opposite party.