Supreme Court of India · 1971-03-23
SHYAM DEO PANDEY & ORS vs STATE OF BIHAR
- Citation / case number
- SC 1968/60029
- Court
- Supreme Court of India
- Petitioner
- SHYAM DEO PANDEY & ORS
- Respondent
- STATE OF BIHAR
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of a criminal appeal must comply with Section 423 of the CrPC, which mandates that the appellate court must peruse the record before making a final order. The Court emphasized that a mere statement of 'no merit' does not suffice to demonstrate that the judicial mind was applied to the case. Consequently, the High Court's order was set aside for failing to adhere to the procedural requirements of Section 423, necessitating a proper examination of the case records before dismissal.