SURENDRA NATH GHOSE AND ORS Vs. KING-EMPEROR

JUDGEMENT

(1.) Under the provisions of Section 421, Code of Criminal Procedure, the appellate Court has the power to dismiss an appeal summarily on receiving the petition and perusing the same. But, in this case, the learned Judge sent for the record and after the arrival of the record it appears that he did not give the appellant an opportunity of being heard. We think that under Section 421, Code of Criminal Procedure the appellant was entitled to be heard in support of his appeal. Under these circumstances, the order dismissing the appeal is set aside and the learned Judge is directed to give the appellant an opportunity of being heard in support of his appeal.